The World Health Organization (WHO) declared on March 11, 2020 that the Novel Coronavirus outbreak (COVID-19, also known as the Wuhan Virus) has become a global pandemic. At present, attention from both domestic and abroad is increasingly focused on COVID-19 diagnosis and treatment research. TIPO analyzed information from clinical trials related to COVID-19 registered on ClinicalTrials.gov and compiled a list of small molecule and large-molecule protein trial drugs, their original clinical uses, the status of obtaining domestic drug licenses, and the relevant major patent information in the attached table. Patent information is further classified according to the content of the application, including substance, composition, use and manufacturing process.

According to the table, the patent status of all the listed drugs can be divided into three categories:

1. Type 1 (light yellow): These drugs are basically without patent protection, as most are old medication in clinical use for many years. Only some are drugs that have related patents abroad but have not applied for a patent in Taiwan.

2. Type 2 (light blue): There are no core patents (compounds, antibodies) protecting the main active ingredient of a drug in Taiwan, but there are still patents relating to specific salts of the active ingredient, preparations of related compositions, uses or methods of preparation.

3. Type 3 (pink): The core patent protecting the main active ingredient of the drug is still available in Taiwan.

According to Article 59 Paragraph 1 and 2 of the Patent Act, the patent right of an invention is not as effective as actions necessary to implementing the invention for the purpose of research or experimentation, therefore, experimental actions in the laboratory does not constitute a copyright infringement. For drugs that do not have the core patent of the main active ingredient, inventors may also attempt to design around the patent for drug development. The table provides a preliminary overview of patent information in Taiwan on COVID-19 related, small molecule and large molecule drugs currently in clinical trials for public reference. For more detailed information on the patent inventions, please visit the Taiwan Patent Search System.

Any questions should be directed to Section Chief Lin Yi-Ping (Patent Division II Section V, TIPO) at TEL: (02)2376-5343.

Source: From the ClinicalTrials.gov online database, as well as domestic and international reports on COVID-19 drugs information.

• Publish Date : 2022-11-09
• Update : 2022-11-09
• Organization : International Legal Affairs Office
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