Group Challenges Four Gilead HIV Drug Patents

The Public Patent Foundation (PUBPAT) announced it has filed formal requests with the U.S. Patent and Trademark Office challenging four key HIV drug patents held by Gilead Sciences. PUBPAT said it submitted prior art that the Patent Office did not review before granting the patents to the biopharmaceutical firm. The group also explained how the submitted prior art invalidates the patents and asked that the Patent Office initiate a process to revoke them.

The patents challenged by PUBPAT relate to the HIV drug known generically as tenofovir disoproxil fumarate (TDF). Gilead markets the drug in the U.S. as Viread and as a part of its Atripla combination product.

The FDA will not allow any other company to market TDF in the U.S. because of Gilead's patent protection, according to the group. Gilead has applied for similar patent protection in other countries, including India, which has been met with fierce opposition, PUBPAT said.

"Gilead is using the four patents our requests show are invalid to prevent anyone else from offering TDF to HIV/AIDS patients in the United States," Dan Ravicher, PUBPAT's executive director, said. "Since the patents are undeserved, they are unjustified barriers preventing American HIV/AIDS patients from getting the medical treatment that they need and deserve."