[Pharm-policy] BMS patent for ddI in Thailand

[James Love]

-------- Original Message --------
Subject: BMS patent for ddI in Thailand
Date: Fri, 16 Mar 2001 10:41:49 -0000
From: "MSF-Drugs Bangkok" <msfdrugs@asianet.co.th>
To: <love@cptech.org>

Jamie,

as you pointed out, BMS holds a formulation patent for ddI (brand name
Videx) in Thailand although the patent on the original invention of ddI
that is held by the US government and does not even exist in Thailand.

The BMS formulation patent was granted for simply combining two known
components: ddI (developed by the US National
Institutes of Health) and an antacid (essentially Maalox).

Indeed, when BMS filed this patent application initially in the US it was
rejected twice by the US Patent Office because "it was well within the
ordinary skill in this art to formulate tablets containing both
dideoxynucleotides [ddI] and antacids."  Eventually and after modifications
the patent was granted in the US (US patent 5,880,106) although I don't
quite understand how it suddenly could become "inventive" after it had been
already considered as obvious and state of the art. However, the Thai
patent (Thai patent #7600) appears identical to one of the rejected US
applications.

This formulation patent held by BMS has effectively delayed the entry of
more affordable generic
ddI in Thailand and still prevents the generic production/import of ddI
tablets. 
It is a striking example of how companies can use patents (granted for
minor modifications) to artificially extend the term of protection or - as
in this case - receive protection where the original invention is not
patent protected at all.

This BMS formulation patent in Thailand has been subject of a failed
attempt for compulsory license in December 1999 - February 2000 as
extensively reported on this list at that time.
As a compromise the Thai Government Pharmaceutical Organisation (GPO)
started to produce ddI in powder form thereby circumventing the BMS patent.
However, the powder formulation causes more side effects (mostly diarrhea).
Thai activist have not given up and have been preparing to challenge the
BMS patent in court. The case will be filed with the Intellectual Property
Court of Thailand in the coming weeks.

Ironically, BMS has recently brought yet another formulation of ddI (an
enteric coated capsule) on the market (advertisement slogan: "Mission
Accomplished") and is probably going to take the older tablet form off the
market - the form we are still fighting for!

Regards,
Tido

Tido von Schoen-Angerer, MD
Medecins sans frontieres in Thailand
msfdrugs@asianet.co.th