MAPPING THE CONTOURS OF THE EXPERIMENTAL USE EXEMPTION: 35 U.S.C. sect. 271(E)(1)'S PAST, PRESENT, AND FUTURE
Concannon, Sarah H.
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CitationMAPPING THE CONTOURS OF THE EXPERIMENTAL USE EXEMPTION: 35 U.S.C. sect. 271(E)(1)'S PAST, PRESENT, AND FUTURE (2000 Third Year Paper)
AbstractIn 1984, Congress passed the Drug Price Competition and Patent Term Restoration Act (DPCPTR). This Act, which resulted from the lobbying efforts of both the pharmaceutical industry and consumer interest groups, was intended to encourage greater expenditure in the area of pharmaceutical invention while simultaneously ensuring greater competition immediately after the expiration of the relevant patents. "By rectifying distortions in the patent system created by the Food and Drug Administration's [FDA's] regulatory approval process, Congress struck a balance between the interests of pharmaceutical companies, competing 'generic' manufacturers," and consumers.
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