Wuhan Institute of Virology"Cybersquatting"Patent:Epidemic"Unconventional Operation" ?

A message from the Wuhan Institute of Virology, Chinese Academy of Sciences.

February 4, This is posted on the official website of the virus "Chinese scholars have made important progress in screening anti-coronavirus drugs. Weigh, Researchers at the Wuhan Institute of Virology, Chinese Academy of Sciences and the Academy of Military Sciences have discovered (Remdesivir) can effectively inhibit 2019-nCoV infection at the cellular level, and applied for a Chinese invention patent on January 21 (Uses against 2019 new coronavirus), PCT (Patent Cooperation Agreement). Access to major global countries.

It is worth noting, Domestic researchers filed a patent on January 21, The first diagnosis of New Crown Virus pneumonia in the United States was January 20, local time. Consider the time to prepare a cell study, The vision of researchers at the Institute of Virology and the Academy of Military Sciences.

This research was published in the journal Cell Research. 

The urgent situation, this research progress was good news, But the operation of a patent application has attracted the focus of public opinion. For a time, People asking questions, U.S. company Gilead prepares to aid national defense, Researchers rush to patent whether Gilead is asking them to make it available to Chinese patients?

There are still many questions, Is the operation of the Institute of Virology and the Academy of Military Sciences compliant? What is international practice? How useful is the patent for this cell test result?

Former professor of Peking Union Medical College, Dr. Chenguang Wang, who is engaged in the development of immunotherapy drugs, there is no technical problem in the operation of the virus laboratory team, only under the premise of current epidemic prevention, such operations are prone to controversy. Dr. Chen Dawei, who has worked in pharmaceuticals for several multinational companies, believes that, there may be no dispute here, But the patent has no effect.

Patent from Cell Test 

This study evaluates cellular-level antiviral effects of multiple drugs. They infected test cells with different concentrations of 2019-nCoV and took the drug. research shows, Remdesivir cannot stop the virus from entering cells, but inhibits the virus after it enters the cell, this is also consistent with the antiviral mechanism of its nucleic acid analogs.

The author says this shows that the drug can effectively inhibit 2019-nCoV infection at the cellular level, Its role in the human body has yet to be clinically proven.

Remdesivir is an RNA polymerase inhibitor, A new nucleoside analog antiviral drug. Currently, Congo carries out clinical research on Ebola hemorrhagic fever. The study found the effect of the drug is not limited to filamentous viruses such as Ebola virus, a Suppressive effect against many viruses such as coronavirus.

Gilead also said it is working with China's health sector on a random and Controlled trial to determine whether the use of Remdesivir to treat 2019-nCoV infected persons is safe and effective. The drug has arrived in China.

The general way to obtain compounds from companies for preclinical testing is through a material transfer agreement between the academic center and the company(MTA). The agreement will clearly stipulate the rights of both parties to apply for patents. Companies generally require research institutions to indicate the purpose of requesting compounds, why a specific amount, but not charged. If the research done by the research institution has no potential conflict or threat to the company's interests, usually approved.

There are some differences in the scale of patents among pharmaceutical companies. For some preclinical studies, some pharmaceutical companies may allow other agencies to apply for their own patents, but for clinical research, few pharmaceutical companies allow other agencies to apply for their patents.

And Dr. Wang Chenguang thinks, They do n’t have to rely on Gilead to donate. Because the molecular structure of Remdesivir has already been disclosed, then it is easy to synthesize, No obstacles to synthesis. Whether the patent application has nothing to do with the source of the drug, Whether donated to Gilead or not, does not affect its patent application.

Another issue is that there is no clinical trial results for the drug that the public is most concerned about., and rely solely on the results of the cell test, how effective is the patent applied under such conditions?

About this question, Dr. Dawei Chen thinks this is patentable. But should have little impact on the final new clinical application. If Gilead wants to do clinical research in this area, can refer to cell test research of the Institute of Virology and the Academy of Military Sciences. In other words, the latter does not own clinical patents on the drug.