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

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

IP specialists Jonathan Moss and Jessie Bowhill, who worked on cases concerning bitcoin, Ed Sheeran, and the Getty v Stability AI dispute, received the KC nod
Hannah Brown, an active AIPPI member, argues that DEI commitments must be backed up with actions, not just words
A ruling in the Kodak v Fujifilm dispute and a win for Google were among the major recent developments
Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
Gift this article