{"id":14867,"date":"2021-08-03T10:30:39","date_gmt":"2021-08-03T02:30:39","guid":{"rendered":"https:\/\/pintas-ip.com\/?p=14867"},"modified":"2022-03-10T14:21:57","modified_gmt":"2022-03-10T06:21:57","slug":"covid-19-treatment-drug-faces-china-military-risk-to-patent","status":"publish","type":"post","link":"https:\/\/pintas-ip.com\/cn\/covid-19-treatment-drug-faces-china-military-risk-to-patent\/","title":{"rendered":"Covid-19 Treatment Drug Faces China Military Risk To Patent"},"content":{"rendered":"
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A COVID-19 treatment drug known as Avigan, also known as favipiravir, has been in the eyes of the Chinese military as of recent. Originally developed and patented by Fujifilm Toyama Chemical Co. Ltd. (Fujifilm) in Japan, in 1998, as an antiviral for the national influenza stockpile, the company has been not only conducting clinical trials directly targeting COVID-19 but also entering into licensing deals with pharmaceutical companies around the world to provide a relatively economical treatment for early-onset, mild-to-moderate SARS-CoV-2 in low-to-middle income countries (LMICs). While the original patent for influenza expired, the company has been actively developing the product in Japan, hence the move by the Academy of Military Medical Sciences (AMMS), a Chinese military-backed research arm, represents a questionable, egregious action.<\/p>\n\n\n\n

Fujifilm Holdings has warned the Japanese government that the AMMS may claim intellectual property rights over Avigan as a COVID-19 treatment. The move indicates the Japanese company\u2019s concern over growing Chinese clout in the medical supply chain as the world continues to grapple with the pandemic. Losing the patent could also be another blow for Fujifilm\u2019s global ambitions for the drug, as the company is trying to transform itself into a potent health care player.<\/p>\n\n\n\n

Patent filings in China show that a division of the AMMS was granted a patent for \u201cuse of favipiravir for the treatment of coronavirus infections,\u201d whereby an initial application was filed on January 21, 2020, and resubmitted in June in that year. The patent passed screening on March 29, 2021, and was published after that on May 4, 2021. Patent lawyers said that the early application in January 21, 2020 was barely a week after the first COVID-19 case was discovered outside of China, giving it an advantage in securing patents outside of China. Using the Patent Cooperation Treaty (PCT), companies and research institutions can use the original patent date to file for patent protection in 153 countries. It is unclear whether the AMMS has actually used this standard due to nondisclosure rules.<\/p>\n\n\n\n

Is this a cause for concern for Fujifilm in Japan?<\/strong><\/p>\n\n\n\n

Apparently, yes. The approval for the patent in China was unusually fast. Back in 2019, it took an average of 22.5 months for a patent application to be approved in China. In this case, the quick approval is \u201can indicator that the patent was considered valuable and worth prioritizing.\u201d If the AMMS formally starts the application process in Japan, Fujifilm may lose out on selling Avigan as a coronavirus treatment in the country, dealing another blow to Fujifilm\u2019s ambitions for the drug.<\/p>\n\n\n\n

However, there are speculations that China\u2019s patent will be used both domestically as well as for low-and middle-income countries (LMICs), such as places in Africa.<\/p>\n\n\n\n

Ongoing issues with Avigan<\/strong><\/p>\n\n\n\n

Avigan was unique in that it prevented viruses from replicating inside cells and was shown to be somewhat effective in curbing growth and spread of viruses. However, not enough funding could be secured to conduct clinical trials when Avigan was first developed, something that Fujifilm was able to solve when Toyama Chemical was acquired in 2008.<\/p>\n\n\n\n

In 2014, Japan\u2019s health ministry approved of Avigan but with major conditions: It can only be administered as an emergency measure against new or re-emerging influenza, not for treating existing influenza. As a result, the government stockpiled Avigan for two million people, but the drug was not widely distributed. COVID-19 offered a potential breakthrough opportunity for the drug, whereby Chinese health authorities reported that favipiravir was effective against COVID-19 back in March 2020. By May 2020, the former Japanese Prime Minister, Shinzo Abe, had sought government approval for Avigan. Nevertheless, the review took months, and Japan\u2019s health ministry postponed approval of the drug in December, citing insufficient data. Fujifilm has not given up yet and has restarted clinical trials in April 2021, with Phase 3 trials also underway in the U.S. and Canada.<\/p>\n\n\n\n

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Outlook and Prospects<\/strong><\/p>\n\n\n\n

Since Toyama Chemical\u2019s original patent has expired in most countries, Fujifilm is competing with local drug makers which produce generic versions of the drug.<\/p>\n\n\n\n

The following countries have authorized Avigan (favipiravir) for the COVID-19 indication:<\/p>\n\n\n\n