Can Protest Prevent Patents?
Americans are focused on the election in November, but it bears mentioning that voting is not the only way to participate in democracy. Expressing your opinion about an issue to legislators and other public officials can be an effective way to get them to take your side.
The Brazilian Patent Office’s decision last week about a Gilead (Foster City, CA) drug might be an example of the power of public opposition.Gilead applied for a Brazilian patent on tenofovir disoproxil fumarate (TDF), an antiretroviral (ARV) drug that treats AIDS. Brazilian nongovernmental organizations (NGOs) had made it clear to the Office that they opposed the patent, and even a Brazilian government pharmaceutical laboratory opposed it.
The NGOs’ objections centered on the grounds that TDF consists of a previously known compound and is insufficiently inventive to qualify for a patent. On Sept. 3, 2008, the Office rejected Gilead’s patent application on those very grounds. A separate factor that likely inspired opposition to the patent is that a generic TDF approved by the World Health Organization costs $158 for a year’s treatment. In contrast, Gilead charges $1387 for the same amount of the drug in Brazil.
Doctors without Borders said that the patent rejection resulted from pregrant opposition (i.e., that of the NGOs and the government pharmaceutical laboratory). If they’re correct, this instance would be the first time a patent was rejected for that reason. The group notes that the decision sets a precedent in favor of generic ARVs throughout the world. NGOs can now argue against patents for drugs on the grounds of the public interest and cite the Brazilian Patent Office’s decision for support.
In this case, bringing pressure to bear on public officials might have yielded results that affect people far beyond the officials’ jurisdiction. Squeaky wheels are nothing to sneeze at.