Thursday, July 19, 2012

Gilead patents challenged in Thailand

Thailand is the latest battleground for the anti patent evergreening war. Several private and non-governmental organizations have requested the Thai IPD to reject 3 patents applied for by Gilead Sciences for its Viread AIDS medications. Gilead's patents cover dosages, formulation and combinations which are alleged to amount to evergreening patents (that is to say patents which extend the basic molecule patent(s) without adding efficacy, so they are therefore obvious).

The policy assertion is that the grant of such patents prevents or restricts the generic industry’s competition and blocks patient access to cheaper medicines.  Gilead has argued that its medicines are cheap and available in Thailand and patients therefore are not harmed.

Gilead's patents have been challenged by health groups in the US on prior art grounds. India has an anti evergreening case going its courts against Novartis. 

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