3 ms·

What’s stopping people from using the old packaging when the patent expires?

by acchow 2y ago

ceejayoz 2y ago
They stop making it, and pay generic manufacturers not to. https://www.nbcnews.com/business/business-news/drug-firms-stave-generics-costing-consumers-billions-critics-say-n447916 https://www.nbcnews.com/business/business-news/drug-firms-st... > Known as "reverse settlement payments," or "pay-to-delay" deals, the financial arrangements are a unique but common practice in the pharmaceutical industry. Essentially, they allow drug manufacturers in some instances to pay competitors not to manufacture generic versions of their products, thereby ensuring that they maintain patent protection for as long as possible.
- RandomBK 2y ago
  How is this not a blatent antitrust violation?
  - ceejayoz 2y ago
    The story of that particular legal saga is well laid out at https://www.theatlantic.com/ideas/archive/2023/06/pharmaceutical-generic-drugs-pay-for-delay/674410/ https://www.theatlantic.com/ideas/archive/2023/06/pharmaceut.... FTC is trying, but it's one of many places in society where money speaks loudly. https://www.ftc.gov/news-events/topics/competition-enforcement/pay-delay https://www.ftc.gov/news-events/topics/competition-enforceme...
foota 2y ago
There's a convoluted process that they can game to extend their exclusivity with the FDA see e.g., https://time.com/6336840/patent-manipulation-insulin-prices/ https://time.com/6336840/patent-manipulation-insulin-prices/
sowbug 2y ago
"People" are the same drug companies that would rather use their manufacturing capabilities for high-margin on-patent drugs. For a particularly sad example, certain kinds of testicular cancer are considered curable with off-patent drugs like cisplatin and etoposide. But those drugs are often unavailable simply because nobody wants to manufacture such low-margin drugs. See, for example,https://www.fiercepharma.com/pharma/oncology-drug-shortage-crisis-enters-its-second-year-asco-urges-congressional-action-hearing https://www.fiercepharma.com/pharma/oncology-drug-shortage-c....

What’s stopping people from using the old packaging when the patent expires?

by acchow 2y ago

What’s stopping people from using the old packaging when the patent expires?

They stop making it, and pay generic manufacturers not to. https://www.nbcnews.com/business/business-news/drug-firms-stave-generics-costing-consumers-billions-critics-say-n447916 https://www.nbcnews.com/business/business-news/drug-firms-st... > Known as "reverse settlement payments," or "pay-to-delay" deals, the financial arrangements are a unique but common practice in the pharmaceutical industry. Essentially, they allow drug manufacturers in some instances to pay competitors not to manufacture generic versions of their products, thereby ensuring that they maintain patent protection for as long as possible.

RandomBK 2y ago
How is this not a blatent antitrust violation?
- ceejayoz 2y ago
  The story of that particular legal saga is well laid out at https://www.theatlantic.com/ideas/archive/2023/06/pharmaceutical-generic-drugs-pay-for-delay/674410/ https://www.theatlantic.com/ideas/archive/2023/06/pharmaceut.... FTC is trying, but it's one of many places in society where money speaks loudly. https://www.ftc.gov/news-events/topics/competition-enforcement/pay-delay https://www.ftc.gov/news-events/topics/competition-enforceme...

foota 2y ago

There's a convoluted process that they can game to extend their exclusivity with the FDA see e.g., https://time.com/6336840/patent-manipulation-insulin-prices/ https://time.com/6336840/patent-manipulation-insulin-prices/

sowbug 2y ago

"People" are the same drug companies that would rather use their manufacturing capabilities for high-margin on-patent drugs. For a particularly sad example, certain kinds of testicular cancer are considered curable with off-patent drugs like cisplatin and etoposide. But those drugs are often unavailable simply because nobody wants to manufacture such low-margin drugs. See, for example,https://www.fiercepharma.com/pharma/oncology-drug-shortage-crisis-enters-its-second-year-asco-urges-congressional-action-hearing https://www.fiercepharma.com/pharma/oncology-drug-shortage-c....