China's Lifting of Viagra Use Patent Fuel for Broader Policy Debate

As the reported by New York Times earlier this month, the Chinese State Intellectual Property Office (SIPO) ruled Pfizer's popular Viagra brand of sildenafil citrate to be unpatentable for lack of novelty. Pfizer was granted a Chinese patent in 2001 for the use of Viagra. Local generic manufacturers protested that the compound and its use were known to academics in that country prior to the Chinese filing date in 1994. Indeed, while the original Pfizer patent on the compound sildenafil citrate was granted in Europe, a subsequent patent on the use of the compound was revoked in the UK for obviousness. (Until recently, China did not allow patents on medical compounds, which may explain Pfizer's failure to file the compound patent there.) While Pfizer is set to appeal, the extensive reporting on SIPO's decision has allowed this case to be politicized in at least two ways. First, the US is using this case as a counterpoint in the debate on how and when developing countries can permit the seizure of drug patents to counteract health emergencies, such as the AIDS epidemic. Second, industry groups and the US are using the issue to confront China on its historical inaction on the enforcement of foreign intellectual property rights. For the article from the New York Times by G. Harris, republished at Gadsden Times, "Pfizer Reports China Has Lifted Its Viagra Patent", visit: http://makeashorterlink.com/?Z41B518D8. For the Associated Press article "Pfizer Chief Expects to Win Patent Appeal", see: http://news.findlaw.com/ap/f/1310/7-14-2004/20040714054502_19.html. For the decision in Re: European Patent (UK) No. 0,702,555, visit: http://news.findlaw.com/hdocs/docs/viagra/viagrapatent.html. For our prior commentary on the WTO patented drugs policy for developing countries, see E-TIPSâ„¢ (Vol 2, No 20, March 17, 2004) at: http://makeashorterlink.com/?W22B348D8. Summary by: Nicholas Whalen