TIPO releases Taiwanese patent information regarding Covid-19 clinical trial drugs

　The WHO has announced that the COVID-19 outbreak should be characterized as a global pandemic since March 11, 2020.  After that, all sectors around the world are in the race for developing drugs that might work against Covid-19 pandemic.  By comparing with the US clinical trial database, Taiwan IPO has verified the Taiwanese patent database to arrange and sort out the patent status of the Covid-19-related clinical trial drugs in Taiwan and compiled and released such information for public reference so as to avoid any potential patent disputes.  

　Based on the information pertaining to the Covid-19-related clinical trials currently registered in the US clinical trial database (https://clinicaltrials.gov/), Taiwan IPO sorts out and lists the relevant clinical trial drugs, including small molecule drugs and therapeutic proteins, and categorizes them into three levels of patent status as follows in accordance with their original clinical application, domestic drug permit license status, and relevant patent information.  Patent information is further classified in accordance with the subject matter of their respective scope of claims, including substance, composition, usages, and preparations.  

　According to the information released by Taiwan IPO, the Covid-19-related clinical trial drugs fall into the following three levels: 

1.  drugs which are not registered with Taiwan IPO and most of which have been clinically used for many years, while a few of them are patented in other countries but not in Taiwan;

2.  drugs which are registered as Taiwanese patents whose claims do not cover the core substances of major active ingredients (chemical compounds or antibody molecules) but involve specific salts, related compound preparation or applications or preparation methods of active ingredients;

3.  drugs which are registered as Taiwanese patents whose claims contain core patents of major active ingredients

　As explained by Taiwan IPO, subparagraph 2, paragraph 1 of Article 59 of the Patent Act of Taiwan shall apply in this circumstance that the effects of invention patent right shall not extend to the necessary acts of exploiting the invention for research or experimental purpose(s).  Therefore, the experimental acts in a lab will not constitute infringement.  It is legally acceptable to research and develop the drugs designing around those whose claims do not contain core patents of major active ingredients.  (March 2020)  

/CCS