[india-drug] Landmark revoking of US patents on Tenofovir

["O'Brien Bone & Joint Centre" <obrienbjc@gmail.com>]

Landmark revoking of US patents on Tenofovir - more drugs to follow?
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Hi friends,

This is very interesting stuff, the 1st time I am hearing of a revoking of patents on drugs by the USPTO. Hope many more drugs follow suit, and help poor patients around the world get medicines affordably.

Patent revoked on Tenofovir
US patent office's move to revoke patents on key HIV/AIDS drug could
mean increased access in developing world

http://www.doctorswithoutborders.org/news/article.cfm?id=2484

In a move that could have major implications on access to a
cornerstone HIV/AIDS medicine across the developing world, the U.S.
Patent & Trademark Office on January 23, 2008 revoked four key patents
held by the pharmaceutical company Gilead Sciences on the drug
tenofovir disoproxil fumarate (TDF).

The public interest group Public Patent Foundation (PUBPAT), which
challenged the patents in the US, submitted evidence that TDF was
already a known substance at the time of Gilead's application for the
patents, and therefore a patent should not have been granted. The
evidence used in the patent office's ruling may have an impact on
whether the drug will be granted patents in other countries, such as
India and Brazil.

The fact that this patent was revoked in the US also shows that
existing patents have been granted for drugs that have not met
patentability standards, and can in fact be invalid. It also shows the
importance and effectiveness of interested parties opposing patents in
the interest of public health.

In India, the Indian Network for People Living with HIV/AIDS opposed
Gilead's patent application in May 2006 on similar grounds to PUBPAT's
challenge in the US. The evidence on which the US based its decision
could therefore lead to the Indian patent office rejecting the patent
application. Similarly, in Brazil, a patent opposition filed by
HIV/AIDS groups and a government pharmaceutical laboratory could also
mean a patent might not be granted for TDF in Brazil.

If a patent is not granted in these countries, generic manufacturers
could freely manufacture and export generic versions of TDF without
restrictions, leading to greater competition and therefore lower
prices.

In addition, should Gilead's patent application be rejected in India,
the voluntary license agreements that the company has already signed
with most Indian generic manufacturers would be put into question.

The WHO treatment guidelines for HIV/AIDS recommend the use of TDF in
first and second-line ARV treatment, and several MSF projects have
started using TDF as part of a less-toxic first-line regimen.

-- 
with warm regards and wishes
girish

Rtn Dr NV Girish Kumar
MBBS Dortho FRCS(Ire) FRCS(Trauma & Ortho)
O'Brien Bone & Joint Clinic
Coimbatore - 641002

Pediatric Ortho, Joint Replacement, Arthroscopy, Advanced Trauma Care
Surgeon
Secretary, Indian Medical Association, Coimbatore branch, 2007-8
Trustee, IMA Masonic Mahaveers Rotary Midtown Blood Bank
District Chairman, Polio Corrective Surgery, RID 3200, 2005-6, 2007-8