Brazil's MOH has declared Gilead Sciences' AIDS drug Tenofovir (TDF) of public interest in a move that seems to indicate they will reject the current patent application.

Tenofovir patents have been challenged, at least in the US, India and Brazil. In the US, on January 23, 2008 the U.S. PTO revoked four key patents held by Gilead but the legal process is still ongoing. For more information on this case, visit: http://www.pubpat.org/gileadhivaidsdrug.htm

In Brazil, the patent was opposed in november 2006 by the Working Group on Intellectual Property (GTPI) and Farmanguinhos. In India, TDF was also opposed on similar grounds by the Indian Network for People Living with HIV/AIDS in May 2006 on similar grounds.

It has been reported that Tenofovir is being used by 30,000 patients in Brazil's government free anti-AIDS drug program and costs the government $1,387 per patient per year. The drug represents 10% of government spending for AIDS medications.

If health authorities deny Gilead a patent for Tenofovir, Brazil's government may import the drug or locally produce it. The Brazilian government press release indicates that the drug will be produced locally by Farmaguinhos.