| COMMENTS |
As a patent lawyer, I feel compelled to address some of the blatant inaccuracies contained in Hamied's characterization of patent law. With regard to AZT, Hamied stated, "The person who invented it is not marketing it," as if this was somehow out of the ordinary or sinister. Quite the contrary: The patent laws of the U.S. require that a patent be filed in the name of the actual inventors. The ownership of the patent is then transferred to the corporate owners. This is standard procedure in all U.S. patent applications filed by inventors employed by a corporate entity. In this fashion, the actual inventor is officially recognized, rather than only the corporate sponsor of the research. Even if the patent is further licensed (an exceedingly common occurrence), the original inventors are forever linked to their inventions in the public record. Regarding the AZT molecule itself, Hamied conveniently ignores the fact that although first synthesized in 1964 [J. Org. Chem., 29, 2076 (1964)], the antiviral qualities of AZT were not discovered until the mid-1980s. Hamied also conveniently ignores the fact that Burroughs Wellcome's first U.S. patent in the area--U.S. Patent No. 4,724,232, issued Feb. 9, 1988--contains claims drawn solely to the use of the compound to treat humans suffering from AIDS. Claim one of this patent is representative: "1. A method of treating a human having acquired immunodeficiency syndrome comprising the oral administration of an effective acquired immunodeficiency syndrome treatment amount of 3'-azido-3'-deoxythymidine to said human." So, while the compound itself may have been made in 1964, it sat on a shelf for roughly 20 years until the scientists at Burroughs Wellcome recognized AZT as an antiviral compound. If not for their observations, luck, insight, serendipity (call it what you will), AZT might still be sitting on a shelf. Hamied's disingenuous and self-serving comments aside, Burroughs Wellcome's limited monopoly on using AZT to treat AIDS in no way began in 1964. Its limited monopoly began in the U.S. on Feb. 9, 1988, the day the above-noted patent was issued. The U.S. rights will expire on Feb. 9, 2005, 17 years from the date the patent was issued. It seems to me that Hamied is less concerned about patent law than he is disappointed that he didn't recognize the antiviral efficacy of AZT before the scientists at Burroughs Wellcome did. Note: I do not, and never have, represented any of the individuals or companies involved with AZT. |
| UPDATE | 07.02 |
| AUTHOR | This data is not available for free |
| LITERATURE REF. | This data is not available for free |
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