Exact(8)
American firms, including Pfizer and Merck, are trying to launch their own "authorised generics" a few months before patents expire to try to blunt the impact of competition.
The deal will let Ranbaxy sell its drug in those seven countries two to four months before patents expire, according to Chuck Caprariello, a spokesman for Ranbaxy.
Patent settlements are legitimate agreements that have proved to be pro-competitive and pro-consumer by making lower-cost generics available months and even years before patents have expired.
The pressure is on to find new blockbuster treatments to justify the billions expended in research labs – and then milk sales before patents expire and pave the way for cheap, copycat medicines.
For a company with a drug for diabetes or arthritis with expected sales of billions of dollars a year, an extra four months on the market before patents expire could be valuable.
Differences in patenting across different countries may be attributed to several factors, including the nature of the research being done (fundamental or applied), the technology transfer expertise available, the number of skilled patent lawyers in a country, and awareness among scientists of the importance of keeping all science out of the public domain before patents are filed.
Similar(52)
That was an "at-risk launch," industry jargon meaning that the generic company sells its drug before patent litigation is concluded.
But you did not mention that these agreements bring lower-cost generic medicines to patients before patent expiration, saving American patients -- and the health care system -- billions of dollars.
As we have recognized before, patent protection strikes a delicate balance between creating "incentives that lead to creation, invention, and discovery" and "imped[ing] the flow of information that might permit, indeed spur, invention". Id., at ___, 132 S.Ct., at 1305.
Companies also used to get extra sales by coming up with slight improvements on existing drugs before patent expiration.
But the application is still pending, and it may take months before patent authorities rule on it and the patent becomes public.
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