Pharma firms find US ally in patent row

Domestic public interest groups and generic companies, which are opposing the patent claim of the US-based drug major Gilead Life Sciences on its anti-HIV drug Tenofovir, have found an ally in the US-based NGO - Public Patent Foundation (PUBPAT).

The foundation has challenged the patent grant for Tenofovir in the United States Patent and Trademark Office (USPTO) on the same grounds as that of Indian NGOs.

In May 2006, Indian NGOs - Delhi Network of Positive People and Indian Network for People Living With HIV/AIDS along with generic company Cipla - filed pre-grant opposition to Gilead's patent application in India on the ground of "lack of novelty and prior art".

The review petition, filed by the US NGO with USPTO, also challenges four key HIV/AIDS drug patents held by Gilead for Tenofovir Disoproxil Fumarate (TDF) on the same grounds. The NGO seeks to revoke the patent for Tenofovir citing that the USPTO did not review "prior art" provisions in patent rules when the patent was granted.

Welcoming the development, Y K Hamied, chairman Cipla, said the US NGO's move is of great significance as it shows that the US citizens themselves are coming forward to fight against frivolous patenting methods adopted by big pharma companies.

"This should be an eye-opener for the Indian government in granting such patents" he said. "Tenofovir is actually an old molecule invented way back in 1986 through a public funded research programme. We will not be surprised if more such oppositions happen in the West against patenting of incremental innovations," said Leena Meghaneny of Medicines Sans Frontiers (MSF), an NGO fighting with the patient groups for affordable medicines.

Meanwhile, the fight for Tenofovir patents in India is keenly watched by all Indian companies that have the capability to manufacture the generic version of the drug.