BrightGene Bio-Medical of Suzhou has synthesized the API of remdesivir, a Gilead drug that has started China Phase III trials to treat patients infected with the COVID-19 virus. Gilead owns IP on the drug, so the announcement produced worry that BrightGene may infringe on Gilead's patent. BrightGene said it already has mass-produced remdesivir's API and is in the process of turning it into finished doses. The company further declared it intends to license the drug from Gilead, though it isn't clear that any negotiations have begun. More details....

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China researchers have filed for a China Invention Patent to remdesivir, a Gilead candidate to treat 2019-nCoV. According to people familiar with China patent law, they are unlikely to succeed because Gilead owns global IP for the molecule and for its use as a coronavirus treatment. The experts further noted the researchers did not file for a Compulsory Use patent, a more "heavy handed" approach that would give China authorities the right to use the drug for a dire need. The experts reasoned the choice shows China does not want to unsettle global IP standards. Instead, as the China researchers noted, if Gilead agrees to supply remdesivir, China would not choose to enforce the patent. More details....

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According to reports, China plans to increase patent protection on innovative drug to 25 years, up from the current 20 years. It isn't clear whether the increase will affect only drugs that file after the new rule goes into effect, or whether the increase will also be applied retroactively to products that have already filed for patent protection. The change is widely thought to be aimed at the new US tariffs on China goods. The trade war stems from US allegations that China does not respect international standards for intellectual property protection. More details....

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