The Real Fountain of Youth: How Old Drugs Get Covered By New Patents
Rosen, Valarie B.
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CitationThe Real Fountain of Youth: How Old Drugs Get Covered By New Patents (2003 Third Year Paper)
AbstractUntil 1995, the term of a patent was 17 years from issue, with a possible extension of five years for delays in market entry related to the Food and Drug Administration drug approval process. Still, many pharmaceutical companies have obtained new patents towards the end of the original patent term for a particular drug. This paper looks at the types of patents that are used to prolong the period of exclusivity for a drug and how they effect entry of generic manufacturers into the market.
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