Brazilian Patent Office Rejects Gilead's Divisional Application for Tenofovir Disoproxil Fumarate

Following our earlier post here, the Brazilian Patent Office (INPI) has rejected Gilead's divisional application no. PI9816239 for tenofovir disoproxil fumarate. The reason for the rejection is that the invention lacks an inventive step.

Gilead has 60 days from 10 May 2011 to appeal the rejection. Details of the status of the application can be accessed through INPI's patent database here.

Gilead's parent application no. PI9811045, also claiming tenofovir disoproxil fumarate, is currently under appeal by Gilead with the courts.

This means that presently there is no product patent in Brazil blocking the importation or generic production of tenofovir disoproxil fumarate.

Thanks to Francisco Viegas Neves da Silva for alerting us to these developments.