U.S. Patent Office's Rejection of Gilead's Antiretroviral Patents Might Affect Applications in India
January 28, 2008
Last week's rejection by the U.S. Patent and Trademark Office of four patents on Gilead Sciences' antiretroviral drug Viread might affect patent applications for the drug in India, the Times of India reports. According to the Times of India, the PTO decision strengthens the opposition application filed in 2006 by the Indian Network for People Living With HIV/AIDS against patent applications filed by Gilead (Mukherjee, Times of India, 1/25).
According to the Financial Express, PTO's decision is expected to affect the Indian and global antiretroviral markets. India's Patent Office currently is considering Gilead's applications for Viread and might be affected by the decision. According to a patent attorney, because Gilead's "patent application is rejected in the U.S., chances for the application getting rejected in India become high, and Gilead will be forced to withdraw the application." Analysts say that such actions could benefit Indian pharmaceutical company Cipla, which markets a generic version of the drug in India at a cost of $700 per person annually. Cipla officials did not comment on the situation, the Express reports (Sharma/Balakrishnan, Financial Express, 1/24).
This article was provided by Henry J. Kaiser Family Foundation. It is a part of the publication Kaiser Daily HIV/AIDS Report. Visit the Kaiser Family Foundation's website to find out more about their activities, publications and services.