MVA-BN® is patented under US Patent No. 6,761,893 and covers the MVA-BN® virus and derivatives thereof, IMVAMUNE® (Bavarian Nordic’s smallpox vaccine), and its use as a vector technology. The broad patent recognises the novelty and utility of the MVA-BN® technology and other viruses with similar characteristics. In addition to the claims mentioned, the patent also covers the use of the MVA-BN® technology in generating immunity in healthy and immune-compromised subjects and includes immunity through priming and boosting vaccination schedules.
In a second patent (US Patent No. 6,913,752) the company has been granted claims that are directed to an MVA-based vaccinia virus having specific improved properties such as that it does not replicate in human cell lines.
A third patent (US Patent No. 7,097,842) covers use of MVA derived vaccinia viruses for inducing a general immune stimulation, including the use of MVA-BN® used for protection against smallpox in neonates, i.e. young children with an immature immune system according to the patent.
A European patent (EP 1 335 987 B1) issued in 2005, gives the company the sole right to produce, market and sell MVA-BN®, and derivatives thereof with the same biological characteristics and safety profile as well as recombinant viruses thereof, in Europe. The patent belongs to the same patent family as the above-mentioned US patents.