Por: I-MAK
I-MAK
The Brazilian Patent Office (INPI) has rejected Gilead’s divisional application no. PI9816239 for tenofovir disoproxil fumarate. The reason for the rejection is that the invention lacks an inventive step.
Gilead has 60 days from 10 May 2011 to appeal the rejection. Details of the status of the application can be accessed through INPI’s patent database here.
Gilead’s patent application no. PI9811045, also claiming tenofovir disoproxil fumarate, is currently under appeal by Gilead with the courts.
This means that presently there is no product patent in Brazil blocking the importation or generic production of tenofovir disoproxil fumarate.
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PS: Civil society groups, including GTPI, had an important role on this process. In 2006 these groups filed pre-grant oppositions during the examination process for Gilead patent application for tenofovir disoproxil fumarate (TDF). INPI rejected the application in the begining of 2009, but Gilead filed a divisional application. On november, GTPI filed another pre-grant opposition contesting this second request. Last week, for the second time, INPI rejected Gilead’s application for tenofovir based on arguments presented by civil society groups. This is an important achievement and strengthens the use of pre-grant opposition as stretegy to avoid undue patents. Besides the two tenopfovir related oppositions, GTPI used this strategy in other two cases.