MSF challenges Gilead patent in China

Humanitarian organisation Médecins Sans Frontières (MSF) has challenged a patent owned by Gilead in China.

Yesterday, June 19, MSF announced it had requested to invalidate the patent, which covers the oral hepatitis C medicine velpatasvir, on the grounds that it involves “well-known technology”.

According to MSF, velpatasvir is a direct-acting antiviral (DAA) and one of the key medicines used in combination with sofosbuvir for the oral treatment of hepatitis C.

“Without access to affordable DAAs, people with hepatitis C in China are still forced to take an older, injected drug called interferon, which has low cure rates and causes people severe side effects, such as psychosis,” said Gaëlle Krikorian, head of policy for MSF’s Access Campaign, which aims to increase the availability of essential medicines in developing countries.

Krikorian said that “ending unmerited patent monopolies for oral hepatitis C drugs in China would help nearly nine million people in the country with hepatitis C access desperately needed treatment, and another 59 million untreated people worldwide”.

The humanitarian organisation claimed that Gilead has launched a sofosbuvir/velpatasvir combination at a price of $51,000 for a 12-week treatment course in the UK, but the same treatment course is available for $286 in India from generic manufacturers.

MSF has a history of filing patent oppositions. In December last year, it challenged Gilead’s patent application for the combination of sofosbuvir and velpatasvir in China, arguing that technical grounds prevent the combination from being patented. The filing is currently under review.

MSF has also filed a patent opposition against the sofosbuvir base compound in Europe.

The humanitarian organisation provides access to treatment for people with hepatitis C in 11 countries (Belarus, Ukraine, Pakistan, Uzbekistan, India, Myanmar, Cambodia, Uganda, Kenya, Mozambique and South Africa).

Since 2015, MSF has provided DAA treatment to more than 6,000 people with hepatitis C in the11 countries. Of those who have completed treatment to date, the overall cure rate is 94.9%.

Last week, in more news about Gilead, LSIPR reported that the US Patent Trial and Appeal Board had rejected challenges to six patents owned by the company covering its hepatitis C medicines.

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