*ARIPO: Botswana,Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe

**OAPI: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo

***EAPO: the Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Republic of Tajikistan, the Russian Federation and Turkmenistan

Patent Status of ARVs

NEWS:  The MPP is pleased to announce the forthcoming launch of the new version of its patent database with data on HIV, HCV and TB medicines, information on licenses and new functionalities.  The new database is expected to go live on October 5, 2016. Additional information will be provided shortly.

The Medicines Patent Pool’s patent database provides information on the patent status of selected HIV medicines in low- and middle-income countries. It enables users to search by country/region and by medicine to obtain information on the key patents relating to each medicine. Wherever a patent has been applied for or granted in a given jurisdiction, the relevant patent number is also provided if available. The database is periodically updated to add new medicines and countries, and as the MPP receives new data.

Recent Updates

September 2015:

  • Patent status for Albania was updated
  • Patent Status for Ukraine was updated
  • Patent status of darunavir (DRV) in Brazil, China, India and South Africa was updated
  • Patent status of dolutegravir (DTG) in Brazil was updated
  • Patent status of raltegravir (RAL) in China was updated
  • Patent status of ritonavir (RTV) in China and South Africa was updated

June 2015:

  • Patent status for Indonesia was updated
  • Patent status for Venezuela was updated

May 2015:

  • Patent status for Thailand was updated

March 2015:

  • Updates of patent status in Latin America, including el Salvador as a new country
  • Updates of patent status of raltegravir
  • Patent status for Nigeria

Last version of the Patent Status Table available here: Patent Status Table 08 September 2015 [xls]

The data in this database was obtained either directly from local patent offices, with the support of the World Intellectual Property Organization (WIPO), or from patent offices’ on-line patent search databases (when available, see: http://www.wipo.int/branddb/portal/portal.jsp). In addition, additional data was also provided by patent holders in the licence agreements signed with the MPP (the source of this data is identified in case it could not be confirmed with the relevant patent office).

The information in the database should not be considered a complete and authoritative source of patent information on antiretrovirals. It provides a snapshot at a particular point in time based on the information that was available to the Medicines Patent Pool and includes only some of the patents relating to each antiretroviral. The MPP does not accept any responsibility for the accuracy of data nor guarantee that it is complete or up-to-date.

It is also important for users to bear in mind that a full understanding of the situation in a given country with respect to a specific antiretroviral would require additional information that is not provided in this database.  This could include, for example, whether any licenses have been granted in relation to the patents, whether the country is a Least Developed Country (LDC) and may benefit from the transition period under international intellectual property and trade agreements, or whether the country is making use of any of the flexibilities available under those agreements.

Explanatory notes to the database and acknowledgments are available here.

The MPP will endeavor to update and improve the database on a regular basis. By making information we have obtained publicly available to others we also hope that others will help us improve on what we have. We invite users to submit any information that would be useful for updating or improving the database by writing to: gro.looptnetapsenicidemnull@eciffo.

Further resources

For more information on how to find patent status data related to medicines, see the World Health Organization publication How to Conduct Patent Searches for Medicines: A Step-by-Step Guide [pdf], or the UN Development Programme’s publication A Methodology for Patent Searches on Essential Medicines in Developing Countries. The WHO Drug Regulatory Status database is also a useful resource for assessing how competitive country markets are for sustained and affordable access to ARVs.

For more on how to address intellectual property issues in the procurement of medicines for HIV, see Battling HIV/AIDS: A Decision Maker’s Guide to the Procurement of Medicines and Related Supplies [pdf] by the World Bank and the United Nations Development Programme Good Practice Guide: Improving Access to Treatment by Utilizing Public Health Flexibilities in the WTO TRIPS Agreement [pdf]. An additional resource is WIPO document Patent Related Flexibilities in the Multilateral Legal Framework and their Legislative Implementation at the National and Regional Levels. WIPO also released a patent landscape for ritonavir in October 2011, and on atazanavir in November 2011. The ritonavir landscape is available here [pdf], and the atazanavir landscape is available here [pdf].

To search the database, select countries and medicines below. Use Ctrl + click (Cmd + click) or Shift + Click to select multiple variables. Not selecting anything will search all variables.

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