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

AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Brazilian in-house counsel say law firms’ technology investments have not translated into tangible benefits, meaning tech use is a minor factor when selecting advisers
A lack of comfort among some salaried partners shows why law firms must actively foster inclusion, not merely focus on diversity mandates
Gift this article