[Ip-health] IP on Coronavirus

Duncan Matthews d.n.matthews at qmul.ac.uk
Sat Mar 14 09:04:33 PDT 2020

Hi Sean,

Thanks for sharing my post from the ipprofs list with the wider ip-health community. By way of update on this, iam-media.com is reporting practitioners’ scepticism that the Wuhan Institute of Virology patent application could overcome hurdles around providing experimental data, which have been historically required prior to the patent filing at the China National Intellectual Property Administration (CNIPA) in order to demonstrate inventive step https://www.iam-media.com/frandseps/saturday-opinion-coronavirus.

How ironic that the USTR's insisted on Article 1.10 in the recent US-China Trade Agreement. This will require an amendment of Chinese patent rules to make it easier for the applicant to submit supplemental experimental data to support inventive step even after the priority date of the patent - and hence make it more likely that patent applications such as the Wuhan's Institute's use of remdesivir for the treatment of Covid-19 will succeed at the CNIPA.

Here is the text of Article 1.10 of the recent US-China Trade Agreement for those who haven't seen it:

Article 1.10: Consideration of Supplemental Data

1. China shall permit pharmaceutical patent applicants to rely on supplemental data to satisfy relevant requirements for patentability, including sufficiency of disclosure and inventive step, during patent examination proceedings, patent review proceedings, and judicial proceedings.

2. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.




Professor Duncan Matthews
Queen Mary University of London

On 14/03/2020, 15:04, "Ip-health on behalf of Sean Flynn" <ip-health-bounces at lists.keionline.org on behalf of sflynn at wcl.american.edu> wrote:

    From Duncan Mathews (who may be on this list too):
    IPR Daily<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.iprdaily.com%2Farticle%2Findex%2F15372.html&data=02%7C01%7C%7C1e3a2534270744a00dc508d7c828f08b%7C569df091b01340e386eebd9cb9e25814%7C0%7C0%7C637197950470740149&sdata=F4nV%2BRizKFPCYktmWDa2Z5RaLlKGVvq35%2FrQx9hr7EE%3D&reserved=0>  reports that the Wuhan Institute of Virology filed a patent application on use of  Gilead Sciences’ remdesivir for the treatment of covid-19. Gilead does not seem to a partner on the application.
    The Wuhan Institute submitted the patent application jointly with the Military Medicine Institute of the People’s Liberation Army Academy of Military Science. Researchers with both organizations noted in a paper published in Nature’s Cell Research this week that both remdesivir and chloroquine, used to treat malaria, may be effective in stalling the coronavirus.
    “Even if the Wuhan Institute’s application gets authorized, the role is very limited because Gilead still owns the fundamental patent of the drug,” said Zhao Youbin, a Shanghai-based intellectual property attorney at Purplevine IP Service Co. “Any exploitation of the patent must seek approval from Gilead.”
    The Wuhan Institute indicated it filed the patent application on January 21, but also noted it would temporarily drop the patent claims if it had the opportunity to collaborate with foreign biopharma companies to battle the epidemic.
    --- snip
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