A coalition of Thai civil society groups has written a letter opposing Gilead’s patents for the fixed-dose combination of AVR tenofovir and emtricitaine (TDF+FTC, sold under the brand name Truvada), an important first-line therapy for the treatment of HIV/AIDS. The letter opposes the granting of the patent because it would not meet the criteria for patentability found in the Thai Patent Act, novelty, inventive step, and capability of industrial application. Says the letter “TDF is not a newly invented drug… and its combination requires no high technology to prove significant inventive steps.”
Additionally, the letter warns that many evergreening patents have been issued in Thailand. It cites a study of all pharmaceutical patents granted between 2000 and 2010, which found that 90% of the patents granted failed to meet the criteria for patentability.