The availability of innovative medicines and medical devices is one of the key elements of ensuring the constitutional right of citizens to health protection. At the same time, according to many Russian and foreign researchers, it is the monopoly rights of patent holders that significantly affect the availability of these highly socially significant medical products. This problem is especially relevant for our country in modern realities. In this regard, effective mechanisms are needed to achieve a compromise between the private interests of patent holders and public interests, primarily in such a socially important area as public health protection. Among these tools, a special role may be played by the criteria of accessibility of medicines and medical devices considered in the article, which can be used, in particular, as a basis for restricting the rights of patent holders and establishing the specifics of these restrictions.

The purpose of the study is to analyze the main criteria for the availability of medicines and medical devices for subsequent consideration of the possibility of their use as a basis for restricting the exclusive rights of unscrupulous or insufficiently effective patent holders.

A wide range of general scientific and special methods of cognition were used in the research process. The analysis of doctrinal and normative sources in the field under study is carried out, followed by the concretization and systematization of the necessary legal tools.

Based on the results of the work carried out, the main components of the availability of medicines and medical products are highlighted, possible models for limiting exclusive rights are specified and the possibility of applying accessibility criteria when restricting the rights of patent holders in the field of healthcare is considered.