China revokes Gilead’s patent for key HIV drug

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

China revokes Gilead’s patent for key HIV drug

SIPO’s Patent Reexamination Board has revoked Gilead’s patent for Viread following an opposition from domestic manufacturer Arisco

The Patent Reexamination Board found that Gilead’s application lacked novelty. Viread (tenofovir) was discovered in 1985 and is considered a front line drug for AIDS treatment.

China for many years has had provisions in its laws allowing for compulsory licences, though none have been issued. Last May, China issued its Measures for Compulsory Licensing of Patent Implementation, which brought about concerns that China would follow India’s lead in aggressively issuing such licences.

Though China has not yet handed out a compulsory licence, many believe that the government uses the provision to increase leverage in negotiations with drug companies. Last year, reports indicated that Gilead was concerned that Viread would be targeted and offered to make donations of the drug to head off the attempt.

A number of other jurisdictions have also taken steps to increase access to the drug. India and Brazil have rejected patents for tenofovir, while Indonesia took a compulsory licence for the drug. Gilead also licenses the patent to the Medicines Patent Pool in order to help increase access to the drug in certain developing economies.

more from across site and SHARED ros bottom lb

More from across our site

Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
Gift this article