I'm all against "obvious" patents, but suing to be free to produce a product because it "also doesn't demonstrate it's significantly more effective than already known compounds" is a contradiction in terms. If the other compounds were just as good, then you wouldn't be suing to be able to produce this new one.
How India's Patent Office Destroyed Gilead's Global Game Plan
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Re: How India's Patent Office Destroyed Gilead's Global Game Plan
#72I'm all against "obvious" patents, but suing to be free to produce a product because it "also doesn't demonstrate it's significantly more effective than already known compounds" is a contradiction in terms. If the other compounds were just as good, then you wouldn't be suing to be able to produce this new one.
The original article has an interview with an Indian patent examiner that clarifies that the efficacy was not a factor in deciding whether the drug was patentable. It's difference(in chemical structure) from previously well known molecules -- or lack thereof -- was the decisive factor in rejecting that patent.
But then my doubt is the same: If the old ones are the same as this one, then why sue to be able to use the new one free? Just produce the old one... it's the same.
Re: How India's Patent Office Destroyed Gilead's Global Game Plan
#73According to Wikipedia: Sofosbuvir costs US$84,000 for 12 weeks of treatment used for genotypes 1 and 2 (about US$1,000 per pill) [...] health care costs in California could increase by US$18–29 billion per year because of this medication