Biontech and Curevac engage in a patent dispute over unreleased vaccine technology
BioNTech and CureVac, two German-based pharmaceutical companies, have reached a patent settlement over COVID-19 vaccine patents. The agreement was announced ahead of BioNTech's planned takeover of CureVac, valued at around $1.25 billion.
According to the settlement, BioNTech will pay CureVac $370 million upfront and a 1% royalty on US sales of mRNA vaccines. Once the takeover is complete, BioNTech will also pay a 1% royalty on sales outside the US. In addition, CureVac will pay GlaxoSmithKline (GSK) $50 million as part of the settlement.
The license agreement, which is non-exclusive, covers the manufacture and sale of COVID-19 and influenza products based on mRNA technology. The license is granted by CureVac to BioNTech and its US partner Pfizer. The license will be expanded globally after BioNTech's takeover of CureVac.
GSK's involvement in the settlement stems from its license agreement with CureVac. The amendments to the agreement reduce royalties payable by GSK but secure royalties from BioNTech/Pfizer vaccine sales.
The settlement dismisses all pending US patent litigation and, subject to the acquisition closure, resolves other global patent disputes. CureVac had initially demanded a share of the revenues and claimed that a number of its intellectual property rights had been infringed.
The patent dispute was initially initiated by CureVac in Germany in 2022, when it sued BioNTech over patents related to mRNA vaccine technology. BioNTech and Pfizer countersued CureVac in the US.
The total amount of money flowing from BioNTech to CureVac and GSK is $740 million, to be split equally. A significant portion of the money paid as part of the settlement agreement will end up back in BioNTech's coffers after the takeover deal is completed.
The settlement represents a strategic resolution to extensive mRNA vaccine patent conflicts amid BioNTech's acquisition of its competitor CureVac. It aligns interests and avoids future litigation for COVID-19 vaccine patents globally. The settlement agreement is not an admission of guilt by either party.
[1] BioNTech and CureVac settle patent dispute over COVID-19 vaccine patents. (2025, August 1). Retrieved from https://www.reuters.com/business/healthcare-pharmaceuticals/biontech-curevac-settle-patent-dispute-over-covid-19-vaccine-patents-2025-08-01/
[2] BioNTech to pay $370 million to CureVac and GSK as part of patent settlement. (2025, August 1). Retrieved from https://www.cnbc.com/2025/08/01/biontech-to-pay-370-million-to-curevac-and-gsk-as-part-of-patent-settlement.html
[3] BioNTech to pay royalties on COVID-19 vaccine sales to CureVac and GSK. (2025, August 1). Retrieved from https://www.ft.com/content/f3a97737-459e-481e-9c4b-469d945a43d7
[4] GSK to receive royalties from BioNTech/Pfizer vaccine sales as part of settlement. (2025, August 1). Retrieved from https://www.fiercepharma.com/pharma/gsk-to-receive-royalties-from-biontech-pfizer-vaccine-sales-as-part-of-settlement
[5] BioNTech and CureVac patent dispute settlement: What you need to know. (2025, August 1). Retrieved from https://www.statnews.com/2025/08/01/biontech-curevac-patent-dispute-settlement-what-you-need-to-know/
- Despite initial disagreements over intellectual property rights, BioNTech will pay CureVac a 1% royalty on sales of mRNA vaccines in the US and outside the US, as well as an upfront payment of $370 million, according to the patent settlement over COVID-19 vaccine patents.
- The patent settlement between BioNTech and CureVac also includes GSK, as the pharmaceutical giant will receive royalties from BioNTech/Pfizer vaccine sales as part of the agreement.
