A decision by an Indian patent office to reject an application by one of the world's major drug companies could help save lives in Africa, by enabling the manufacture of cheap versions of a key Aids drug

A very important patent decision may have just been made in Mumbai. Abbott Laboratories, one of the world's biggest research-based drug companies, doesn't like it - they are now considering what to do. But HIV/Aids campaigners are celebrating. The Mumbai patent office has rejected Abbott's application for a patent in India on its drug Kaletra - a combination of the two antiretroviral medicines lopinavir and ritonavir.

Kaletra, say campaigners and doctors involved in the struggle against HIV/Aids in Africa, is crucial. Yes, there are antiretroviral drugs now in sub-Saharan Africa, where the Aids epidemic is at its worst. Five million people are now alive because they are taking them, although ten million more are in need. But a further, tougher problem looms as the virus does what viruses do. When HIV becomes resistant to the cheap first-line drugs being rolled out, the cost of treating Africans will soar unless generic versions of the newer medicines that we use in Europe and the USA can be sourced.

Kaletra is one of those. When the basic drug cocktail stops working, doctors will want to put patients on Kaletra - or even better, its newer version Alluvia, which is able to withstand African temperatures without refrigeration.

Cheap versions of the drug have been made by Indian generics companies and are ready to be shipped. The Clinton Health Access Initiative had negotiated a price for Africa which amounts ot $440 per patient per year - that's a lot in Africa, but a fraction of the price that antiretrovirals sell for in the rich world, which was $10,000 per patient per year back in 2000. It was copycat manufacturing by generic drug companies in India which made the first-line drugs available in Africa - now they are as low as $79 a year. As more people are put on second-line drug combinations, those prices will come down drastically too.

Behind Abbott's setback in India is a campaigning organisation called the Intellectual Property Initiative for Medicines, Access and Knowledge (I-MAK). It has posted documents on the case here. Its director, Tahir Amin, says Abbott had it coming, accusing the company of holding its HIV drug prices at an unaffordable level for the developing world for years.

Abbott's track record on pricing this drug unfairly for poorer countries motivated us to take on this case. They have gamed the patent system for nearly twenty years to extend the patent life on this drug. The time has come to say, 'enough is enough'.

Amin hopes this is not just a single victory, but a game-changer. He hopes other big pharma companies will take heed and tell their lawyers not to seek new ways to gain or renew patents on drugs that are badly needed in poor countries. Abbott, however, has not given up the fight yet. This was its statement:

New formulations of Kaletra have provided physicians and patients with real improvements in its use, dosing and convenience. The heat stable tablet solves specific convenience limitations of Abbott's earlier version, which required refrigeration and had to be taken with food. These challenges have been resolved with the new tablet, and there is significant benefit for patients in developing countries and resource limited settings. Abbott is reviewing this decision and determining its next steps.

According to Bloomberg, Kaletra generated about $1.37 billion for Abbott in 2009, making it the company's second-best seller after the arthritis drug Humira.