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Breakthrough HIV drug sees 18 patent filings, may delay affordable generics

By · Via Times of India · Published by Everything Blog

In short

Civil society groups have formally petitioned India's Department for Promotion of Industry and Internal Trade to reject secondary patent claims that cover salt forms, formulations, and dosing regimens for lenacapavir. They argue these filings lack inventive steps and unfairly extend the original 20-year exclusivity term to 28 years. Currently, six generic manufacturers, including Dr. Reddy's, hold voluntary licensing pacts to supply 120 low- and lower-middle-income countries at an estimated $40 per patient annually. However, all other pharmaceutical companies remain completely barred from producing or marketing generic versions.

Key points

  • Opponents argue the extensive patent strategy is an evergreening attempt designed to stre…: Opponents argue the extensive patent strategy is an evergreening attempt designed to stretch monopoly control until 2042 instead of the standard 20-year term.
  • Voluntary licensing terms allow selected generic manufacturers to distribute the essentia…: Voluntary licensing terms allow selected generic manufacturers to distribute the essential HIV therapy at roughly $40 per person annually.
  • Unlicensed generic manufacturers remain prohibited from producing the twice-yearly inject…: Unlicensed generic manufacturers remain prohibited from producing the twice-yearly injection, restricting broader market competition and alternative supply channels.

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An unusually high 18 patent applications filed in India for lenacapavir

NEW DELHI: An unusually high 18 patent applications filed in India for lenacapavir, a breakthrough HIV therapy, have raised concerns that these could prolong market exclusivity, delay affordable generics, keep prices high and restrict patient access. Contesting the move, patient groups and civil society have filed opposition with the regulatory authorities, arguing the applications lack novelty and inventive steps.Lenacapavir, a long-acting injectable, administered twice yearly for both HIV prevention and treatment, a medicine designated as essential by WHO.Last year, US FDA approved Gilead Sciences' lenacapavir as the first and only twice-yearly injectable pre-exposure prophylaxis to reduce sexually acquired HIV. Gilead has filed at least 18 patent pleas till date in India, covering different aspects of it, including the base compound, salt forms, formulations, dosing regimens, compositions, and methods of use."The pattern of filings reflects a systematic strategy to create layered patent protection around a single medicine, with the effect of deterring generic entry and prolonged monopoly control beyond the standard 20-year patent term.

Such practices, also referred to as…

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