Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent Opposition Database

Felipe de CarvalhoMSF - Access Campaign

Brazil

Washington D.C., USA, 22-27 July 2012www.aids2012.org

What are Patent Oppositions?

• Challenge the validity of a patent – both during the period when a patent application is being reviewed, and after the patent has been granted

• useful tool to voice concerns over questionable monopolies

• NOT ALL countries have examining process

• NOT ALL countries have patent opposition procedures

• NOT ALL the countries allow for both pre and post grant opposition

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Why doing patent oppositions?

• Competition to bring down prices is only possible when patent barriers are overcome opposition can lead to unrestrained competition

• A patent may be invalid for various reasons Oppositions can advocate for improved patent quality and reduce over-

patenting

• Those in need of medicines are interested parties to the granting of a patent oppositions can promote public participation during the patent examination

process or allow public interest groups to challenge wrongly granted patents

• The use of some of the TRIPS flexibilities rely on political will oppositions are an independent way to protect public health interests

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent oppositions – Achievements

01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy0

500

1,000

1,500

2,000

2,500

3,000

3,500

Series1

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent oppositions – Achievements

01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy0

500

1,000

1,500

2,000

2,500

3,000

3,500

Series1

Local Production

Opp. by Farmanguinhos

Opp. By GTPI

Declaration of public interest

Opp. In India by ABIA + Sahara

Patent rejected

Divisional filed

Opp. To divisional by GTPI

Div. rejected

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent oppositions – Barriers

• Opacity of the IP system– One medicine, many patents – Lack of transparent database – Nomenclature

• Lack of technical expertise– information and capacity deficit in developing countries

• Lack of support

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent opposition Database

• Added value– Useful guidance / open to contributions

/preservation of memory

• Goals– Improve document and expertise sharing / build a

network (‘pool’ of contributors) / encourage new oppositions

• Tribute to past efforts + contribution to sustainability

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent oppositions – followed by…

0tan2a56602

0tan10a566010

0tan29a566029

0tan17a566017

0tan7a56607

WithdrawalAbandonementGrantRejectionUnder examination

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent opposition Database

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent oppositions – How to

• Check if and how oppositions are allowed in a country’s patent legislation

• Identify which patents cover the product: which one(s) will actually block generic production?

• Legislation review: grounds and procedures for opposition

• Patent application review: Building arguments

• Filling the opposition

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent Opposition Database- Search

Click

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent Opposition Database- Contribute

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent Opposition Database- Drug pages (lop/r)

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent Opposition Database- Contribute

Washington D.C., USA, 22-27 July 2012www.aids2012.org

Patent Opposition Database- Contribute