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

Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Lim Siau Wen, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
The Nokia v Acer ruling in the UK suggests arbitration is moving from the sidelines towards the mainstream of global FRAND disputes - and could reshape forum strategy in the process
The Life Sciences Awards is thrilled to present the shortlist for the 2026 Americas Awards
From Türkiye to Poland and Nigeria, firms with deep local roots continue to dominate the top tier, proving that market expertise can outweigh international scale in many CEE, Middle Eastern and African jurisdictions
Former Hoyng Rokh partner Simon Dack takes a leading PMAC role as busy firms continue to jostle for position
Franck Fougere, founder and managing partner of Ananda IP in Thailand, describes how the firm has developed a reputation for patent work and why he believes IP practice is set to change
Gift this article