2016
DOI: 10.1111/1467-8462.12171
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Exploring Evergreening: Insights from Two Medicines

Abstract: Litigated pharmaceutical patents are a valuable source of data on how much inventiveness is required for a patent grant and what are the costs of patents. Although innovation is central to economic growth and the competitiveness of firms, there are few data about either the cost of granted patents or the quantum of inventiveness required for a patent. Two cases of litigated pharmaceutical patents allow investigation of two types of secondary 'evergreening' patents-new formulations and closely related chemical … Show more

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Cited by 5 publications
(12 citation statements)
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“…Pharmaceutical companies market FDC drugs shortly before the generic versions of the single ingredients enter the market extending the patent and exclusivity life of drugs now included in the combination. Other countries Moir 2016 [ 109 ] Retrospective empirical case study exploring two types of secondary ‘evergreening’ patents—new formulations and closely related chemical variants. Quantifies the cost of such evergreening patents to the Pharmaceutical Benefits Scheme.…”
Section: Resultsmentioning
confidence: 99%
See 3 more Smart Citations
“…Pharmaceutical companies market FDC drugs shortly before the generic versions of the single ingredients enter the market extending the patent and exclusivity life of drugs now included in the combination. Other countries Moir 2016 [ 109 ] Retrospective empirical case study exploring two types of secondary ‘evergreening’ patents—new formulations and closely related chemical variants. Quantifies the cost of such evergreening patents to the Pharmaceutical Benefits Scheme.…”
Section: Resultsmentioning
confidence: 99%
“…An Australian case study estimated the costs of delayed entry of generics for two medicines due to two types of secondary patents: new formulations and closely related chemical variants. Delayed entry of generics due to such secondary patents cost over $AU1.1 billion over 8 years for one drug and $AU150 million for another drug [ 109 ].…”
Section: Resultsmentioning
confidence: 99%
See 2 more Smart Citations
“…If one is more sceptical that this lengthy term of protection is justified for such minor discoveries, it follows that the public may not be getting the benefits it should from a truly competitive market in medicines. Studies conducted in the United States (Kapczynski et al , 2012), Australia (Moir 2016) and Switzerland (Vernaz et al , 2013) reveal that secondary patenting leads to higher prices and reduced competition due to negative effects on generic market entry.…”
Section: Beyond Product Process and Use: What Drug Companies Actuallmentioning
confidence: 99%