Chinese institute tries to patent Gilead coronavirus drug
A state-run institution in China has applied for a patent on the use of an experimental Gilead Sciences drug, which scientists believe may be able to fight the coronavirus outbreak that has killed hundreds.
Based in the city where the outbreak is believed to have originated, the Wuhan Institute of Virology of the China Academy of Sciences said in a statement issued yesterday, February 4, that it had applied for a Chinese patent for the use of the antiviral drug remdesivir to treat the novel coronavirus.
As the patent has not yet been published, it’s unclear whether it specifically covers the use of remdesivir for treating this novel coronavirus outbreak or whether it’s drafted more broadly.
Matthew Murphy, managing partner at MMLC Group, said: “Usually, a patent will be written more generally, and it is likely that this patent has been drafted to cover coronavirus in general.”
Remdesivir is not yet licensed or approved anywhere in the world and has not been demonstrated to be safe or effective for any use, according to a statement issued by Gilead in late January.
The drug is being rushed into human trials in China on coronavirus patients, after showing early signs of being highly effective. Remdesivir is also used to treat infectious diseases such as Ebola.
Last week, a study published in the New England Journal of Medicine reported that a coronavirus patient in the US improved after being given an infusion of the experimental drug as a part of his treatment.
The Chinese institute applied for the patent on January 21, a move the institute said was aimed at protecting China’s national interests. However, the Wuhan-based laboratory did state that there were IP “barriers” in relation to the drug and that it would temporarily drop its patent claims if foreign pharmaceutical companies were to work with it to fight the epidemic.
According to the Japan Times, Gilead’s Chinese patent application, filed before the virus was identified, cites only the overall family of coronaviruses.
Murphy believes the institute is trying to ensure that the concept is protected in China, and not the subject of patent trolls—“often rogues try to file for new concepts, without any plans to use the concept in commerce”, he added.
“Securing the rights for this in China, is important for commercial decision backing and decision making. However, it is hoped that all of this is being done with the consent of Gilead—if not, then there are some concerns for sure, as Gilead is clearly the creator/inventor as far as I know and this patent filing could be headed for litigation down the track.”
According to the institute, the patent application was submitted jointly with the Military Medicine Institute of the People’s Liberation Army Academy of Military Science.
In a joint paper published in Nature, the institute found that both remdesivir and chloroquine (which is used to treat malaria) were an effective way to inhibit the coronavirus.
Murphy suggested that there could be a commercial relationship between the Wuhan entity and Gilead.
“We suspect that an agreement is being sorted out. If not, this could all be headed for litigation depending on how the patent is drafted and what Gilead has filed in the US or elsewhere,” he added.
Any patent granted in China could end up being targeted for compulsory licensing. Under World Trade Organization rules China has the right to declare an emergency and compel a company to license a patent to protect the public.
However, China would be required to pay a licence fee that is deemed fair market value. The Chinese government may be able to circumvent this fee if the patent were to be granted to a state institute.
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