China’s State Intellectual Property Office (SIPO) has decided to reject a Gilead Sciences, Inc. GILD 0.61%’s patent application relating to its hepatitis C (HCV) drug sofosbuvir, marketed as Sovaldi. The rejection could have important implications for Gilead, its generic drug competitors and HCV patients worldwide.

The Ruling

The particular patent that was rejected by the SIPO had to do with the “prodrug” that Gilead uses in sofosbuvir, which activates a base compound inside the body. The SIPO ruled that this prodrug was developed using previously published techniques and didn’t meet the “new and non-obvious” requirement for a patent.

Remaining Vulnerability

Gilead’s patent on the base compound contained in sofosbuvir was…

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