The decision by the U.S. Patent and Trademark Office to initially nullify the patents as it re-examines them is considered common, several experts said. But if the agency later makes a final determination that the patents should be revoked, it could have serious consequences for Gilead.
The patents are for Viread, which is used in three HIV treatments that account for most of the Foster City biotechnology company's sales. If they are revoked, other companies could seek permission from the U.S. Food and Drug Administration to sell competing versions of the drug.
The agency's action was made public Wednesday by the Public Patent Foundation, a New York-based consumer advocacy group that filed a petition in March seeking to revoke the patents for the drug, also known generically as tenofovir.
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