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

Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
Palińska is the business & IP law lead at CD Projekt Red in Poland
Schwitulla is the head of litigation management at Nokia in Germany
David Degen is senior IP counsel at Novartis, Switzerland
Gift this article