Gilead Science Response: No Authority to Interfere with Whether the Patent Office Grants Patents

On February 4, the Wuhan Virus Institute of the Chinese Academy of Sciences announced that it had declared a Chinese invention patent for the anti-new coronavirus use of Remdesivir, which has not yet been listed in China, and will enter the world’s major countries through pct channels. After the announcement, it attracted attention from all walks of life and media attention.

Gilead Science Response: No Authority to Interfere with Whether the Patent Office Grants Patents

At noon on February 6, Gilead Sciences responded to the Daily Economic News by saying in response to the question of the patent for the anti-new coronavirus application of Redsiway, which is applied for by the Chinese Academy of Sciences Wuhan Virus, “The company has no right to interfere with whether the patent office grants patents to Chinese researchers.” At present, Gilead’s focus is to identify as quickly as possible the potential safety and efficacy of Redcivir’s treatment for 2019-nCoV infections, and to accelerate production for future potential supply needs. “

The following is the full reply from Gilead Science China Public Affairs:

Gilead developed Remdesivir and holds patents in the United States, China and other parts of the world. In 2016, Gilead filed more patents in China and around the world for Remdesivir’s use of coronaviruses. In China, patent applications for coronavirus applications have yet to be approved.

We have taken note of the relevant reports on the patent application of Wuhan Virus Research Institute. Gilead has no authority to interfere with whether the patent office grants patents to Chinese researchers. The patent application from the Wuhan Virus Research Institute was filed more than three years after Gilead filed the application, and consideration of the application will combine current knowledge of the synthetic drug and the patent being filed. We can’t comment on the details of a researcher’s patent application because it won’t be published until 18 months later. At this time, our focus is on identifying as quickly as possible the potential safety and efficacy of Remdesivir’s treatment for 2019-nCoV infections and to accelerate production for future potential supply needs.

Remdesivir is a drug under research, which means that its safety and efficacy as a treatment for 2019-nCoV has not yet been determined. Gilead is doing everything in its power to communicate and cooperate closely with officials from China, the United States and the World Health Organization so that the safety and efficacy of Remdesivir as a 2019-nCoV treatment can be determined as soon as possible. We are also working to rapidly scale up the production of the drug to meet potential future supply needs.

We believe it is too early to discuss any compulsory or other types of licensing at this stage. We have not had any discussions with regulators about Gilead’s production supply costs or financial returns.

The company responded:

The company has no authority to interfere with whether the Patent Office grants patents to Chinese researchers. At present, Gilead’s focus is to identify as quickly as possible the potential safety and efficacy of Redcivir’s treatment for 2019-nCoV infections, and to accelerate production for future potential supply needs.