MSF launches patent opposition database to aid pharmaceutical protestors
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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

MSF launches patent opposition database to aid pharmaceutical protestors

Health activists who want to challenge patents given to drugs companies have been given a new tool to make the process easier

Médecins Sans Frontières has today launched a database enabling activists to share information and experiences about opposing patents using one central portal.

The unveiling of the Patent Opposition Database comes 10 years after a landmark decision by Thailand's Central Intellectual Property and International Trade Court to overturn the patent on then-key HIV drug didanosine, after a patent opposition was filed by AIDS Access Foundation and three Thai people living with HIV.

The database contains a searchable listing of 45 patent oppositions relating to key medicines and more than 200 other supporting documents that will aid in the building of future patent oppositions.

In particular it provides a simple guide to legislation covering patent opposition and the processes involved in challenging a patent at the pre-grant or post-grant stage.

It also links to copies of opposition documents that have been filed in countries including Brazil, India and Thailand and calls for users to submit prior art documents that activists in other parts of the world can use for their own opposition applications.

“It’s a myth that every patent application that is filed is valid,” said Michelle Childs, Director of Policy Advocacy for MSF’s Access Campaign. “When you look closely, a patent application may fail one or more of the legal tests it needs to pass. The idea behind this database is to help civil society and patient groups stop unwarranted patents from blocking people’s access to more affordable medicines.”

MSF pointed to a number of cases in which patient groups have already challenged pharmaceutical patents. In India, for example, groups successfully challenged a patent application for the HIV fixed-dose-combination zidovudine/lamivudine on the grounds that it was not a new invention, but simply the combination of two existing drugs.

After that, the Cancer Patient Aid Association filed a pre-grant opposition to an application made by Novartis, which was seeking patent protection for the salt form of imatinib, the active ingredient in its cancer-treating drug Glivec. India’s Supreme Court is now considering whether the country’s patent office was right to refuse to grant Novartis a patent.

more from across site and ros bottom lb

More from across our site

Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Loes van den Winkel, attorney at Arnold & Siedsma, explains why clients' enthusiasm is contagious and why her job does not mean managing fashion models
Allen & Gledhill partner Jia Yi Toh shares her experience of representing the winning team in the first-ever case filed under Singapore’s new fast-track IP dispute resolution system
In-house lawyers reveal how they balance cost, quality, and other criteria to get the most from their relationships with external counsel
Dario Pietrantonio of Robic discusses growth opportunities for the firm and shares insights from his journey to managing director
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
The EMEA research period is open until May 31
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
Gift this article