Feb. 6 (NBD) -- Gilead Sciences, Inc. ("Gilead", NASDAQ:GILD), which developed the experimental drug remdesivir, said on Thursday that it has no right to interfere with Chinese patent authorities' decision of whether to grant remdesivir-related patents to Chinese researchers.

The priority of the company now is to expand production capacity for potential supply needs, the California-based company added. 

The Wuhan Institute of Virology, Chinese Academy of Sciences on Tuesday made an announcement saying it has filed an application for a local patent on the use of remdesivir in treating the novel coronavirus. 

Photo/Shetuwang

Wuhan institute seeks to patent use of remdesivir for novel coronavirus   

The Wuhan-based virology institute noted it has made significant progress in the novel coronavirus treatment with remdesivir. Its patent application will be filed under the Patent Cooperation Treaty.

Zhang Zewu, Senior partner with W&H Law Firm Guangzhou Branch, told National Business Daily it is understandable for the Wuhan Institute of Virology to file the application for a patent concerning the new use of remdesivir. 

"A product can be patented for different uses," Zhang further explained, adding that these patents together would form a license pool. So far it is not clear if Chinese authorities will approve the new patent. "It will largely depend on its level of innovativeness," Zhang analyzed.

But Zhang also noted that the patent filed by the Wuhan institute is only an application patent. Since Gilead has fundamental patents for remdesivir, even if the application patent was approved, the virology institute still needs the licensing from Gilead to implement its own patent, added Zhang.

Gilead focuses on determining safety and effectiveness of remdesivir

With regard to this issue, Gilead pointed out the Wuhan Institute of Virology's application for remdesivir patent came more than three years later than Gilead's. "In 2016, Gilead filed a number of patents in China and around the world for the use of remdesivir in coronavirus treatment. In China, the application patents are still pending." 

The company declined to comment on the details of the Wuhan institute's patent application as the details won't be made public until 18 months later.

Gilead emphasized that remdesivir is not yet licensed or approved anywhere globally. "Our current focus is determining the safety and effectiveness of remdesivir against novel coronavirus infections as soon as possible, and expanding production capacity for future potential supply needs.

"We believe it is still early to discuss about any compulsory or other types of licensing. We haven't discussed with Chinese regulators about Gilead's production and supply costs or financial returns," said the U.S. drug maker.

On January 31, a paper published in The New England Journal of Medicine detailed the use of Gilead's remdesivir on the first U.S. coronavirus case. The condition of the patient greatly improved one day after he took remdesivir, and his fever was gone four days later.

Email: lansuying@nbd.com.cn