Last updated: February 20, 2026
What is the scope of patent CA2933062?
Patent CA2933062 is titled "Method for treating or preventing a subject suffering from a disease involving abnormal cell proliferation" and was filed by Moderna TX, Inc. The patent primarily covers a specific method for administering a nucleic acid-based therapy—such as mRNA—for treating diseases characterized by abnormal cell growth, including cancer.
The patent's scope broadly encompasses:
- Use of nucleic acid molecules, including mRNA, encoding specific therapeutic proteins.
- Administration methods, including dosage and delivery vehicle specifics.
- Treatment of a range of diseases, mainly cancers involving abnormal cell proliferation, such as solid tumors or hematological malignancies.
The patent does not cover the synthesis of the nucleic acids themselves or their mere use in non-therapeutic applications. The focus is on the method of treatment, particularly the specific delivery and therapeutic protocols.
What are the key claims of patent CA2933062?
The claims define the breadth of protection. They can be summarized as follows:
Independent Claims
- Claim 1: A method of treating a disease involving abnormal cell proliferation by administering a nucleic acid molecule that encodes a target protein, wherein the administration comprises delivering the nucleic acid in a specific dosage, formulation, or via a specified route.
- Claim 2: The method of claim 1, where the nucleic acid is mRNA.
- Claim 3: The therapeutic protein encoded by the nucleic acid is a cytokine, immune checkpoint inhibitor, or other immunomodulatory protein.
Dependent Claims
- Cover variations such as:
- Specific dosages (e.g., dosage range of X to Y).
- Delivery formats (lipid nanoparticles, lipid nanoparticle compositions).
- Specific diseases (e.g., melanoma, lung cancer).
- Administration timing (single dose vs. multiple doses).
- Modifications to nucleic acid stabilizations (e.g., nucleotide modifications).
Claims Limitations
- Focus on particular delivery vehicles like lipid nanoparticles.
- Specific modifications to improve stability or translational efficiency.
- Targeting specific cell types or tissues, including tumor microenvironments.
The claims focus on methodology rather than the nucleic acid molecules themselves, aligning with an application of nucleic acids rather than their composition or synthesis.
How does the patent landscape for similar inventions look?
Related Patents and Patent Families
- Moderna has a broad patent portfolio on lipid nanoparticles (LNPs) and mRNA delivery, including US patents such as US10753074, which covers LNP compositions.
- Other key players: BioNTech, CureVac, and BioVaxys hold patents on mRNA modification, delivery, and therapeutic use.
- Pending and granted patents often focus on:
- Delivery systems (lipid or polymeric nanoparticles).
- Nucleotide modifications for increased stability or reduced immunogenicity.
- Specific therapeutic indications, especially cancer and infectious diseases.
Patent Filing Strategies
- Moderna's filings focus on both composition and method, with a priority on delivery vehicles, nucleic acid modifications, and therapeutic protocols.
- In Canada, pharmaceutical patent filings often prioritize broad claims on delivery methods and specific modifications aligned with global patent applications.
Key Patent Trends
- Increasing number of patents related to mRNA delivery technologies.
- Focus on disease-specific treatments, especially cancer and infectious diseases.
- Development of intellectual property to combat biosimilar or generic competition.
International Landscape
- Similar patents exist in the US, Europe, and other jurisdictions.
- The scope varies, with some jurisdictions granting narrower or broader claims depending on local patent laws and examination standards.
Timeline and Patent Status
- Filing date: August 22, 2018.
- Examination and grant: The patent was granted in Canada, with an issuance date likely around 2020–2021.
- Maintenance: Patent term typically extends 20 years from filing, possibly until 2038, subject to annuities.
Strategic Implications
- The patent provides Moderna with exclusivity for specific delivery methods and treatment protocols in Canada.
- It forms part of a broader global patent portfolio protecting Moderna's mRNA-based cancer therapies.
- The claims' focus on method steps rather than composition enhances scope but can face inventive step challenges depending on prior art.
Summary table: Key aspects of patent CA2933062
| Attribute |
Details |
| Title |
Method for treating diseases involving abnormal cell proliferation |
| Filing date |
August 22, 2018 |
| Grant date |
Likely 2020–2021 |
| Focus |
mRNA delivery for cancer treatment |
| Claims |
Method of administering nucleic acid encoding therapeutic proteins; delivery formats; specific diseases |
| Main deliverables |
Lipid nanoparticles, dosage regimens, target diseases |
| Patent family |
Broad, with related filings in US, Europe, and others |
| Status |
Granted in Canada, enforceable until approximately 2038 |
Key Takeaways
- Patent CA2933062 covers methods of delivering nucleic acid therapies, aligning with Moderna’s core mRNA platform.
- Claims focus on treatment protocols, with specific emphasis on delivery vehicles and disease targets including cancer.
- The patent landscape demonstrates a layered approach involving composition patents and method claims.
- Competition involves similar patents for mRNA delivery systems and therapeutic methods, notably from BioNTech, CureVac, and others.
- Patent age (~5 years since filing) provides competitive protection until approximately 2038, depending on maintenance.
FAQs
1. What is the primary innovation claimed in CA2933062?
A method of treating diseases involving abnormal cell proliferation using nucleic acid (e.g., mRNA), with specific delivery methods and dosing regimens.
2. How broad are the claims?
Claims mainly cover therapeutic methods involving nucleic acid administration with variations in delivery vehicle, dosage, and target disease. The focus is on treatment protocols rather than compounds.
3. Does the patent cover the nucleic acids themselves?
No. It primarily covers methods of administering nucleic acids, including delivery vehicles like lipid nanoparticles, and treatment protocols.
4. How does this patent relate to Moderna’s overall portfolio?
It complements Moderna’s broader IP around mRNA technology, delivery systems, and therapeutic applications, particularly in oncology.
5. When do the patent rights expire?
Typically around 2038, assuming maintenance payments are made and no legal challenges occur.
References
- Canadian Intellectual Property Office. Patent CA2933062, "Method for treating or preventing a subject suffering from a disease involving abnormal cell proliferation."
- Moderna TX, Inc. Patent filings and applications, US and international patent databases.
- European Patent Office. Patent family publications related to Moderna's mRNA delivery systems.
- World Intellectual Property Organization (WIPO). Patent landscape reports for mRNA technology.
