Essential Medicines and Patents on the World Health Organization Essential Medicines List 22nd Edition

Document Type

Article

Publication Date

3-2022

Abstract

The number of patented medicines on the EML in lower income countries fell in the most recent, 22nd edition to 35, the lowest number after steady increases across several editions of the EML. The percentage of patented medicines on the EML now stands at 7.3%. The nature of both the EML and patent status is dynamic. With every new edition, medicines are added and removed. Meanwhile, patents expire and some may be abandoned or invalidated. This edition, the EML saw a significant drop in the number of patents, part of which can be attributed to the WHO’s decision to consistently list therapeutic alternatives for the first time. Doctors and public health authorities have a clearer picture of their options for alternatives, and this paper was able to determine whether unpatented alternatives existed – which was the case in 4 instances. A deeper dive into the data shows that many medicines are only patented in a fraction of lower income countries. Thus, 83% of lower income countries have 50 or fewer active patent filings on that ten percent. Moreover, 1/3 of these patented medicines are subject to institutionalized programs to provide access at lower cost. This paper provides an update to previous efforts to understand the nature of the EML, while expanding previous information thanks in part to the existence of new freely accessible online databases showing patent status and participation in programs to provide access.

Publication Title

Geneva Network

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Geneva Network Working Paper

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