Chinese Institute Files Patent Application for Gilead's Remdesivir in Coronavirus Treatment
Key Insights
The Wuhan Institute of Virology (search) has applied for a Chinese patent on the use of Gilead Sciences' experimental antiviral drug remdesivir to treat coronavirus (search), filing the application on January 21, 2021.
Laboratory studies published in Cell Research found both remdesivir and chloroquine to be "highly effective" at inhibiting the novel coronavirus (search), though human clinical trials are still needed to confirm efficacy.
The patent application represents China's strategic move to gain negotiating leverage over a promising coronavirus (search) treatment while avoiding compulsory licensing that could damage its intellectual property reputation.
A state-run Chinese research institute has filed a patent application for the use of Gilead Sciences' experimental antiviral drug remdesivir in treating coronavirus (search), marking a strategic move by China to secure greater control over what it considers one of the most promising treatments for the outbreak that has killed hundreds and infected thousands.
The Wuhan Institute of Virology (search) of the China Academy of Sciences (search), located in the city where the coronavirus (search) outbreak is believed to have originated, submitted the patent application on January 21 jointly with the Military Medicine Institute (search) of the People's Liberation Army Academy of Military Science. The institute announced the filing in a February 4 statement on its website.
Laboratory Studies Show Promise
Scientists from both Chinese institutes published research in Nature's Cell Research journal demonstrating that remdesivir and chloroquine, an 80-year-old malaria (search) drug, were "highly effective" in laboratory studies at inhibiting the novel coronavirus (search). However, the researchers emphasized that further clinical trials are required to determine the drugs' efficacy in humans.
The promising laboratory results follow a case report published in the New England Journal of Medicine, which described a coronavirus (search) patient in the United States showing improvement after receiving remdesivir treatment. The drug, originally developed by Gilead for treating infectious diseases including Ebola (search), is not currently licensed or approved anywhere in the world.
Strategic Patent Positioning
The patent application represents China's calculated approach to securing leverage over coronavirus (search) treatments while maintaining its commitment to intellectual property rights. According to Wang Yanyu, a senior partner at AllBright Law Offices (search) in Beijing, "The government is compelled to avoid using the compulsory licence because it has been making efforts to show China respects intellectual property rights and the abuse of compulsory licensing will draw international criticism."
The decision to pursue a patent rather than invoke compulsory licensing demonstrates China's delicate balancing act between addressing the health crisis and preserving its international reputation on intellectual property matters. "The fact that they have applied for a patent means there's growing awareness about this in the country," Wang noted.
Limited Impact on Gilead's Core Patent
Legal experts suggest the Chinese patent application would have limited practical impact on Gilead's fundamental drug patent. Zhao Youbin, a Shanghai-based intellectual property counsel at Purplevine IP Service Co (search)., explained, "Even if the Wuhan Institute's application gets authorized, the role is very limited because Gilead still owns the fundamental patent of the drug. Any exploitation of the patent must seek approval from Gilead."
However, if granted, the Chinese patent could provide negotiating leverage. "The good thing in having a patent is that it would lead to cross-licensing situations that give China more bargaining chips in negotiating the licensing fee with Gilead," Wang explained. "And when Gilead wants to sell the drug to other countries for fighting new coronavirus (search), it will have to negotiate with China as the country who owns the patent for that specific purpose."
Clinical Trials Moving Forward
Gilead is actively preparing for clinical trials in China, with Dr. Merdad Parsey, the company's chief medical officer, indicating that trials could begin as early as next week in patients with moderate and severe coronavirus (search) symptoms. The company is shipping enough doses to treat 500 patients and is working to ramp up supply in case the clinical trials prove successful.
"It has been very no-holds-barred on our side," Parsey said, noting that while the drug is challenging to produce, Gilead is working as rapidly as possible to increase manufacturing capacity.
Collaborative Approach Maintained
Despite filing the patent application, the Wuhan Institute of Virology (search) indicated it would maintain a collaborative stance with international partners. The institute stated in its announcement that it made the patent application "out of national interest" but would "not exercise its patent rights if foreign pharmaceutical firms work together with China to curb the contagion."
This approach reflects China's position that most coronavirus (search) patients are located within its borders, making it a logical location for conducting the necessary clinical trials. As Wang observed, "Most of the patients are here, rather than in the US, which makes it unlikely that Gilead will do all these tests."