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Disclosure of Government Interest
35 U.S.C. §200 - 206 – Disclosure of Government Interest
35 U.S.C. §202 (c)(6)
An obligation on the part of the contractor, in the event a United States patent application is filed by or on its behalf or by any assignee of the contractor, to include within the specification of such application and any patent issuing thereon, a statement specifying that the invention was made with Government support and that the Government has certain rights in the invention.
Over 5000 patents and patent applications have included reference to SARS Coronavirus dating back to priority dates of 1998.
On July 23, 2020, the Patent Trial and Appeal Board of the United States Patent and Trademark Office rejected Moderna’s efforts to invalidate U.S. Patent 8,058,069. This patent, owned by Arbutus Biopharma Corp (principally owned by Roivant Science Ltd), covers the lipid nanoparticle (LNP) required to deliver an mRNA vaccine. Some of the core technology was based on work originally done at the University of British Columbia and was first licensed in 1998.
mRNA-1273 – the experimental vaccine developed by Moderna for COVID-19 – uses the LNP technology that Moderna thought it had licensed from Acuitas Therapeutics Inc., a firm developed by a former principal of Arbutus’ prior company Tekmira. That license did not authorize Moderna to use the technology for the COVID-19 vaccine.
M·CAM and Knowledge Ecology International have independently confirmed that Moderna has violated U.S. law in failing to disclose the U.S. government’s funding interest in their patents and patent applications.
While this negligence impacts all of Moderna’s over 130 granted U.S. patents, it is particularly problematic for U.S. Patent 10,702,600 (‘600) which is the patent relating to, “a messenger ribonucleic acid (mRNA) comprising an open reading frame encoding a betacoronavirus (BetaCoV) S protein or S protein subunit formulated in a lipid nanoparticle.” The specific claims addressing the pivot to the SARS Coronavirus were patented on March 28, 2019 – 9 months before the SARS CoV-2 outbreak! Both the patent and the DARPA funding for the technology were disclosed in scientific publication (New England Journal of Medicine) but the government funds were not acknowledged in the patent.
In 2013, the Autonomous Diagnostics to Enable Prevention and Therapeutics (ADEPT) program awarded grant funding to Moderna Therapeutics for the development of a new type of vaccine based on messenger RNA. The initial DARPA grant was W911NF-13-1-0417. The company used that technology to develop its COVID-19 vaccine, currently undergoing Phase I clinical trials in conjunction with NIH.29
Under the Federal Acquisition Regulation (FAR) rules, contractor to the Federal Government must provide information regarding intellectual property infringement issues as part of their contract. Under FAR §27.201-1(c) and (d), the Government both requires a notice of infringement or potential infringement as well as retention of economic liability for patent infringements. Specifically, in FAR §52.227.3 (a), the “Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs for infringement of any United States Patent...”. In addition to the patents cited by the USPTO in their examination of ‘600, M·CAM has identified fourteen other issued patents preceding the ‘600 patent which were used by patent examiners to limit patents arising from the same funded research including patents sought by CureVac.
In short, while Moderna enjoys hundreds of millions of dollars of funding allegiance and advocacy from Anthony Fauci and his NIAID, since its inception, it has been engaged in illegal patent activity and demonstrated contempt for U.S. Patent law. To make matters worse, the U.S. Government has given it financial backing in the face of undisclosed infringement risks potentially contributing to the very infringement for which they are indemnified.
THE FAUCI DOSSIER:
Criminal accusations and list of patents.