An Analysis of Remdesivir Patenting

Tingbin CHANG, Zhong WANG


Pharmaceutical patents are categorized into primary patents and secondary patents. Primary patents refer to compound patents, while secondary patents mainly include crystalline form patents, process patent, formulation patent and method of use patent. In the recent outbreak of COVID-19, Wuhan Institute of Virology, has applied for a new method of use patent on Remdesivir for its efficacy and safety in the treatment of the pneumonia caused by 2019-nCoV. But Gilead Sciences, the inventor of Remdesivir, is the eligible holder of the compound patent of Remdesivir. In theory, the patent applied for by Wuhan Institute of Virology has utility and novelty rather than innovativeness, for which it may not be granted the method of use patent of Remdesivir. In this case, we suggest that the patent of Remdesivir be implemented through cross licensing and compulsory licensing between different patent holders.


Remdesivir; Pharmaceutical patents; Compulsory licensing

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