Roche Pharmaceuticals was asked Monday to suspend its patents on Tamiflu to allow governments to bolster anti-influenza medications and improve lagging preparedness against a possible worldwide epidemic of avian flu.
Sen. Charles Schumer, D-N.Y., sent a letter to Dr. Franz B. Humer, the Swiss company's chief executive officer, asking him to permit generic versions of Tamiflu to be manufactured in order to help fill stockpiles of the anti-viral medication.
"Countries all over the world have placed many more orders for Tamiflu than Roche can fill with its current manufacturing capacity," Schumer wrote. "In the interest of public health, I urge you to voluntarily suspend your patent so that other companies can assist you with filling these orders."
Tamiflu, also known as osteltamivir, can lessen flu symptoms and lower the chance of transmission if it is taken within the first 48 hours of illness. The drug is in high demand, because no effective avian-flu vaccine is yet available.
Roche has been under mounting pressure from the United Nations and health authorities not to let its patent interests interfere with global stockpiling of the drug.
The U.S. government has stockpiled just over 2 million Tamiflu treatment courses, only enough for less than 1 percent of the population. Federal authorities have ordered more than 12 million additional courses but are expecting to wait more than a year to receive the shipments.
Roche did not respond to repeated requests by United Press International for comment.
The company said last week generics manufacturers would need years to gear up their equivalents of Tamiflu and that it intended to maintain and enforce its patent on the drug.
Indian generic drug maker Cipla announced last week, however, it would begin manufacturing a Tamiflu copy for distribution to poor countries, despite Roche's statements.
The avian flu virus H5N1 has sickened more than 120 persons and killed at least 60 in Southeast Asia since 2004. Experts fear potential catastrophic fatalities if the virus gains the ability for human-to-human transmission because humans carry no natural immunity.