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Re Investigation Of Haoyuan Pharmaceutical Science And Technology Innovation Board IPO

2020/8/22 11:21:00 0

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After two months, Haoyuan medicine replied to the inquiry letter of Shanghai Stock Exchange.

In June this year, the 21st century economic report exclusively reported the IPO "mystery" of Haoyuan pharmaceutical science and technology innovation, and found many doubtful points in the prospectus of Haoyuan pharmaceutical, such as suppliers who have not formally developed their business contracts but have "fulfilled" them, subsidiaries that sell at low prices and buy them back at high prices, main businesses that avoid heavy ones but cover up lightly, and product lines with various but sparse patents.

The week after the report was released, Haoyuan pharmaceutical received an inquiry letter from the Shanghai Stock Exchange. Recently, Haoyuan pharmaceutical has responded to 26 questions raised by the Shanghai Stock Exchange. But does this 425 page reply really open up the doubts of the market?

Recently, Haoyuan medicine has responded to 26 questions raised by Shanghai Stock Exchange. Picture vision China

The 21st century economic report reporter found that the patent problems of Haoyuan medicine were questioned or there were still some doubtful points. According to a "infringement identification opinion" mastered by the 21st century economic report reporter, at least 69 compounds of the products sold on the official website of Haoyuan medicine infringed Chinese patents and 31 compound products infringed foreign patents.

100 patents

In an earlier report, the 21st century economic reporter pointed out that Haoyuan pharmaceutical had little inking on the main business of the company, which had a gross profit rate of 60%. Not only did the specific production and marketing data and main end customers not be disclosed, but also some tool compound products had infringement behavior.

According to public information, as of April 30, 2020, Haoyuan pharmaceutical and its subsidiaries have been granted 53 patents, including only 9 patents involving molecular blocks and tool compounds, and 40 copyrights. However, another statement on the official website of Haoyuan pharmaceutical said that "the company has independently synthesized more than 10000 kinds of molecular block and tool compound products".

In response, Haoyuan pharmaceutical said: "through comparative analysis, there is no inevitable relationship between the number of product types and the number of patents of the issuer's molecular blocks and tool compounds; the proportion of the number of patents of the issuer in the number of such products is not significantly different from that of comparable companies in the same industry, and the relevant situation conforms to the industry practice."

According to the data given in Haoyuan pharmaceutical's prospectus, the A-share listed company, Yaoshi technology, which is similar to its business, mainly deals in molecular blocks. According to the official website data of the latter, it has "80000 specially designed molecular blocks" and "more than 10000 tool compounds designed based on drug structure-activity relationship", but the number of invention patents is 23.

On August 21, 21st century economic reporter called the securities department and sales department of Yaoshi technology respectively. The wiring staff said that they were not clear about the specific business types and details of the company, but "the main business source of the company still comes from molecular blocks and intermediates".

On the same day, senior figures in the pharmaceutical industry pointed out to the reporter of the 21st century economic report that there is a clear difference between the tool compounds produced by Yaoshi technology and the products sold on Haoyuan pharmaceutical official website, "for example, we now know a certain target related to cancer, and then we can make various small molecular structures through computer calculation to match with the target and protein. But we can only calculate 10000 kinds of target compounds in this process

According to the senior personage, domestic enterprises, such as Yaoshi technology and Yaoming Kant, all have the business of synthesizing such tool compounds. However, not every type of products synthesized has the effect on cancer cells or related cells, so there is a certain screening process.

"The tool compound of Yaoshi technology is this kind of early product that has not been screened. After the customer buys it back, it carries out experiments and screening on its own. This is purely the creation of 10000 new compounds. As for whether it has any effect or activity, it is unknown. Therefore, it does not need a patent and there is no patent problem." Said the senior medical person.

However, the reporter of 21st century economic report found that many of the instrumental compounds sold on Haoyuan's official website have been identified as active substances by various experimental data of pharmaceutical institutions and research institutes, and many have applied for specific patents.

According to a tort appraisal opinion held by the 21st century economic reporter, it is found that at least 100 products of Haoyuan pharmaceutical are involved in infringement.

It is an effective inhibitor of ipi50, which is more selective than that of other drugs.

However, according to the appraisal results of Beijing Linda Liu intellectual property agency, the product is suspected of infringing the patent with the public number of cn105793255b, and the product has the same conformation as the compound claimed in the patent.

27% of the products have patent protection and are in the period of validity

It is worth mentioning that in this reply letter, we frankly said: "about 27% of the products in the tool compound library of the issuer are under patent protection and are within the validity period. As of the date of issuing this reply, the issuer has obtained patent authorization for 20 tool compounds. "

However, Haoyuan pharmaceutical did not give a further explanation on how much revenue the 27% products accounted for and how many kinds of products were involved.

In addition, Haoyuan pharmaceutical also said: "during the reporting period, the business departments of molecular blocks and tool compounds that the issuer engaged in were mainly for drug R & D enterprises, scientific research institutions and colleges, providing small dose experimental compounds in units of" microgram "," milligram "and" gram "for scientific research and drug certificate registration and application. This part of the compound is used in the pharmaceutical research and development stage, which belongs to the exception of patent protection clearly stipulated by statute law or case law of various countries, and does not need to be authorized. "

However, according to a lawyer from a well-known intellectual property law firm in China, Haoyuan pharmaceutical's behavior is not "the use of relevant patents for scientific research and experiment".

According to the lawyer of the law firm, Article 135 of the guidelines for determination of patent infringement (2017) issued by the Beijing Higher People's court clearly stipulates that "specially for scientific research and experiment" refers to the scientific research and experiment specially conducted for the patent technology scheme itself, with the purpose of researching, verifying and improving the patented technology of others, and producing new technological achievements on the basis of the existing patented technology 。”

Moreover, in the understanding and application of the patent infringement judgment Guide (2017), the Beijing Higher People's court has made it clear that "the purpose of using patent technology solutions in the process of scientific research and experiment is not to research and improve the patented technology of others, but to use the patent technology scheme as a means to carry out research and experiment of other technologies, or to study and implement the business of patent technology solutions Prospects, the results of which are not directly related to the patented technology. Therefore, this kind of behavior constitutes infringement of patent right.

"The compounds produced and sold by Haoyuan pharmaceutical belong to molecular blocks and tool compounds. These compounds are used in the pharmaceutical research and development stage. They belong to the development of new drugs, rather than the research, understanding, verification and improvement of the original compound patents. They belong to the" research and experiment of other technologies by using the patented technical solutions as a means ", so they are not patents According to the law, "the use of the relevant patent for scientific research and experiment" is stipulated in the law The lawyer of the said law firm pointed out.

It is understood that there are also relevant cases in the United States. In the case of Madey v. Duke University, Duke University used Madey's patented laser for scientific research without permission. The Federal Circuit Court held that the defense of experimental use was "very narrow and strictly restricted", and should be limited to "entertainment, satisfaction of invalid curiosity, or philosophical inquiry in the strict sense" And as long as the use is "clear, identifiable and essentially for commercial purposes", the experimental use defense is no longer applicable.

"Pharmaceutical manufacturers, scientific research institutions and institutions use the tool compounds manufactured and sold by Haoyuan pharmaceutical for the purpose of preparing other terminal compounds and conducting research, rather than" using relevant patents for scientific research and experiment "as stipulated in the patent law. Therefore, the tool compounds manufactured and sold by Haoyuan pharmaceutical infringe the relevant patent rights. " The lawyer of the said law firm pointed out.

 

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