Patents

Ozempic lost its patent around the world, but not in Mexico: what that reveals about pharmaceutical patents

Ozempic lost its patent around the world, but not in Mexico: what that reveals about pharmaceutical patents

· Patents

The patent covering semaglutide, the active ingredient in Ozempic, has expired or been invalidated in several countries including India, China and Brazil. In Mexico it remains in force.

This is not an inconsistency. It is the basic architecture of the patent system: protection is territorial. A patent grants exclusivity only in the country that issued it, for the term that country recognises, subject to that country validity challenges. There is no such thing as a worldwide patent.

Why the same molecule has different fates

Filing dates differ by country. So do the rules on what counts as an inventive step, whether second medical uses are patentable, and how aggressively local generic manufacturers litigate. A patent can be revoked in one jurisdiction for lack of inventive step and survive in another on the same prior art.

The commercial consequence is visible on the shelf: generics appear in one market while the originator keeps exclusivity, and pricing, in another.

What this means if you are an inventor

Decide early where you actually need protection, because you cannot fix it later. The Patent Cooperation Treaty buys you thirty months from the priority date to choose national phases, but it does not create rights on its own. Filing in Mexico only, and then discovering your product sells in Colombia, leaves you with nothing there.

Map your markets before the priority year runs out, and budget for the countries that matter commercially rather than the ones that are cheapest to file in.

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