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substances (primary patent). This primary patent is to be expired in 2013;

however, the secondary patents of these substances add many additional years
of monopoly, such as the patent rights on çcrystallized formsé are expired in

2018 and the patent rights on their dosage forms are expired in 2019.

As a result, the definition of novelty and inventive step or can play

a crucial part in avoiding trivial patents without real innovations. As the TRIPS
Agreement does not define the term inventive step or novelty, the member

countries have freedom to designate the scope of these criteria. Put simple,

they can choose to adopt stringent standards to avoid the patenting on

substandard innovations. Strict criteria of patentability can extensively reduce

the scope of patent in the pharmaceutical field, and restrict the grant of
exclusivity to the essential and innovative innovations.

In particular, to avoid granting patents on uninventive products, the

Agreement does allow bona fide exceptions to apply to certain fields of
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inventions. The Doha Declaration on the TRIPS Agreement and Public
Health affirms that pharmaceutical field is a legitimate field for this

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exception. For instance, the member states can limit the grant of patents
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on novel medical utilization of known substances. This limitation can restrict

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çHIV Drug Patent Landscape in China,é Initiative for Medicines, Access and Knowledge
(I-MAK), 2010).
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World Trade Organization, Canada›patent protection of pharmaceutical products. Geneva
(2000); WTO Dispute Panel Report, WT/DS114/1. (2000).
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World Trade Organization, Declaration on the TRIPS Agreement and Public Health,
Ministerial Conference, WT/MIN(01)/DEC/2 (2001).
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Carlos Correa,†Guidelines for the Examination of Pharmaceutical Patents: Developing a
Public Health Perspective†(ICTSD›UNCTAD, 2007), 21.

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