4 ms·

The original patent.

• adrianN 9y ago
  Does the original patent apply if the compound is sufficiently different to warrant a new patent? That seems strange to me, but I know nothing about patent law.
  • rayiner 9y ago
    Once the original patent is expired, you can do whatever you want with it. Evergreening can’t lfsvent you from creating a generic version of the original patented drug. But demand for the generic might be limited if the new version of the drug is better. (People don’t want to be stuck taking an inferior version of a drug.)
  • kgwgk 9y ago
    Exclusivity is extended with patents covering new formulations, manufacturing processes, alternative dosings, injection devices, risk evaluation and mitigation strategies... When the molecule itself becomes “free” to copy, there may be still several patents more or less enforceable that prevent competitors from entering the market. Often the validity of patents is decided in court (see Copaxone for a recent high-profile case study).
• deleted 9y ago
  [deleted]