Gilead Under Gun to Mass-Produce Virus Drug or Risk Exclusivity

Gilead Sciences Inc. has patent exclusivity on its potential Covid-19 treatment remdesivir for the next 15 years—poising the company for major profits if the drug is successful in treating the pandemic.

But the company could be forced to license its patents if the drug is approved and it can’t keep up with production demand, attorneys say.

“This is an emergency use drug, so the federal government will certainly want to make this drug available to everyone who needs it,” Steven Roth, a partner and intellectual property attorney with Lucas & Mercanti, LLP in New York, said.

The company, which started ...