I guess these words escaped your understanding: "replication defective". The viral infection route, using a defective virus, is, by the way, the delivery mechanisms for a particular class of vaccines. The guy in the video does not understand patent law, or the disclosure sequence. Which is rather amazing considering the business he is in.
FYI It often takes a long time to obtain a patent as there are often many rounds of rejection and answering the examiners objections. [the majority of patents are rejected on the first round, often on the grounds of "obviousness."] Typically, after about 18 months applications are published whether a patent has been granted or not. I did not pay any attention to the sequence of dates this screwball in the video mentioned, but yes events in regard to patents do not always occur in the order you might think is reasonable. Remember, a patent is just a grant of exclusive license for a period of time. The initial filing simply establishes application priority. Work to develop a vaccine including clinical trials could proceed even though a related patent has not yet issued. FDA approval is not tied in any way to patent law. The guy with the bow tie is a sharp dresser, but otherwise not so sharp.