GlaxosmithKline (GSK) drops claims on two AIDS medicines

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GSK drops claims on two AIDS medicines

7 Dec, 2007, 0111 hrs IST,Khomba Singh, TNN

NEW DELHI: In a relief to around 2.5 million HIV patients and generic

firms like Cipla and Ranbaxy, GlaxosmithKline (GSK) has pulled out

the patent applications of two anti-AIDS medicines in India.

While GSK has formally withdrawn the application of Abacavir, it is

learnt that the UK giant's other drug, Trizivir, is deemed withdrawn

after it made a request to the patent office not to examine its case.

Abacavir is a second-line anti-retroviral (ARV) drug used to treat

patients who have developed resistance to first-line medications.

Trizivir is a combine of three ARV drugs used for first and second-

line treatments. Both are on the list of drugs the Centre and WHO

recommend for HIV treatment.

Indian firms like Cipla, Ranbaxyand Hetero, among others, already

market one or both these drugs in India. If GSK had secured the

patent, they would have had to pay a royalty to the company. This

would up HIV treatment costs.

" The applicant (GSK) of this instant application has withdrawn the

application under reference (Abacavir). Accordingly, there will be no

more further proceedings towards the representation, " the examiner of

the Patent and Design office in Kolkata said in a order, a copy of

which is with ET.

GSK had filed the patent application in the Kolkata patent office

last year. NGO sources said the office has also considered the

application of Trizivir `withdrawn' after GSK officials made a `no

request for examination' application.

When contacted, GSK declined to comment on the status of application

of the two drugs.

A GSK spokesperson said, " We do not comment on specific patent

applications. However, as part of our policy, routine reviews of our

patent applications are undertaken on a regular basis. "

A source said GSK's move is the result of Swiss drug giant Novartis'

failed attempt to invalidate section 3(d) of the Patent Act, which

says patents based on incremental innovations can be granted only if

new drugs provide major therapeutic advantages than known ones.

GSK drugs were salt forms of existing drugs. The company deemed it

prudent to withdraw the application rather than being rejected as

such a verdict would weaken its chances of securing a patent in other

developing countries. Another source said many similar patent

applications based on the same grounds may also be either withdrawn

or abandoned.

Civil societies group I-MAK and MSF (Medecins Sans Frontieres) had

challenged the patent application on behalf of Indian Network of

Positive People (INP+). " The government should not wait for

opposition but strictly implement the 3(d) provision before granting

any patents, " said MSF project manager India Leena Menghaney.

Incidentally, Novartis abandoned the patent application of its ARV

drug Atazanavir in India earlier this year. However, a company

spokesperson said, " Novartis has not given up its rights in India to

patent Atazanavir. Indian patent application 805/MAS/9 has lapsed;

however, the patent rights to Atazanavir are being pursued by

Novartis under a continuing patent application known as a divisional

patent application. "

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