[Ip-health] *Priority dates for selected pharmaceuticals*

[Thiru Balasubramanian]

*Priority dates for selected pharmaceuticals*

WTO Members that avail themselves of the transition arrangements of the
TRIPS Agreement have to establish a =93mailbox=94 in which patent
applications are filed and the priority dates are preserved where
available. On application of the Agreement, Members must examine the
patents and if granted, the patent term will be counted from the date of
filing.

I have looked at the priority dates of 17 antiretroviral drugs and two
other drugs including Glivec and Singulair. Six of these products
(Atazanavir, Nevirapine, Kaletra, Combivir, Trizivir, and Singulair)
appear to have priority dates which came after 1 January 1995, and may
be subject to patent protection in India after that date. I would
appreciate comments or corrections to this. Thiru

Drug Priority Date

Abacavir 27.06.1988 (GB8815265)
22.12.1989 (US455201)

Atazanavir 22.04.1996 (CH)
31.01.1997 (CH)
21.12.1998 (US6087383)

Didanosine (ddI) 26.08.1985 (US769016)
22.07.1991 (US733547)

Efavirenz 07.08.1992 (US926607)

Emtricitabine (FTC) 22.02.1991 (US5210085)

Enfuvitide (T-20) 28.11.1986 (FI)
27.05.1987 (GB)

Indinavir 08.11.1991 (US789508)
07.05.1993 (US059038)

Lamivudine (3TC) 08.02.1989 (US308101)
02.05.1990 (GB9009861)
03.06.1991 (GB9111902)

Nelfinavir 07.10.1993 (US133543)

Nevirapine 17.11.1989 (US438923)
25.08.1997 (US60/056803)

Ritonavir+Lopinavir (Kaletra) 13.12.1995 (US572226)

Saquinavir 11.12.1989 (GB8927913)

Stavudine (d4T) 17.12.1986 (US942666)
06.05.1988 (US190809)

Zidovudine (AZT) 16.03.1985 (GB8506869)

Combivir 16.05.1991 (GB9110624)
31.10.1996 (GB9622681)

Tenofovir 25.04.1985 (CS)

Trizivir 30.03.1995 (GB9506490)
29.04.1998 (GB9809213)

Gleevec 03.04.1992 (CH)
01.10.1993 (CH)

Singulair 23.02.1995 (US5565473)


Article 70:8-9 of the TRIPS Agreement states that:

Where a Member does not make available as of the date of entry into
force of the WTO Agreement patent protection for pharmaceutical and
agricultural chemical products commensurate with its obligations under
Article 27, that Member shall:

(a) notwithstanding the provisions of Part VI, provide as from the date
of entry into force of the WTO Agreement a means by which applications
for patents for such inventions can be filed;

(b) apply to these applications, as of the date of application of this
Agreement, the criteria for patentability as laid down in this Agreement
as if those criteria were being applied on the date of filing in that
Member or, where priority is available and claimed, the priority date of
the application; and

(c) provide patent protection in accordance with this Agreement as from
the grant of the patent and for the remainder of the patent term,
counted from the filing date in accordance with Article 33 of this
Agreement, for those of these applications that meet the criteria for
protection referred to in subparagraph (b).

9. Where a product is the subject of a patent application in a Member in
accordance with paragraph 8(a), exclusive marketing rights shall be
granted, notwithstanding the provisions of Part VI, for a period of five
years after obtaining marketing approval in that Member or until a
product patent is granted or rejected in that Member, whichever period
is shorter, provided that, subsequent to the entry into force of the WTO
Agreement, a patent application has been filed and a patent granted for
that product in another Member and marketing approval obtained in such
other Member.