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Patent laws determine access to medicines and medical devices, and all members of the World Trade Organization (WTO) are obligated to introduce minimum standards of intellectual‐property protection into their national patent laws. In the negotiations that led up to the Trans‐Pacific Partnership Agreement (TPP), in 2016, the United States attempted to introduce patents for diagnostic, therapeutic, and surgical methods to promote the interests of its pharmaceutical and medical‐device industries. These attempts were unsuccessful; however, these actions demonstrate the determination of those who advocate for higher standards of intellectual‐property protection to push for a TRIPS‐plus agenda. The United States has sought to limit the use of flexibilities in the TRIPS Agreement, including the use of compulsory licenses which allows the generic industry to produce cheaper pharmaceuticals. Despite these US actions, many developing countries are becoming emboldened and are issuing compulsory licenses. The position of this paper is to show that, while access to pharmaceuticals and the ability to issue compulsory licenses is crucial to administering proper health care to people living in developing countries, medical devices are equally essential. Therefore, the conversation around access to medicines should be broadened to include access to medical devices in developing countries.
