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Tue 13 Jan, 2004 05:18 am
Does anyone know how long the patent on new prescription drugs lasts, before generics can enter the market?
dlowan- Don't know for sure, but somewhere in the back of mind the the figure 17 years appears. Anyhow, the drug companies have ways of getting around this.
Prilosec (a medicine for GERD) comes to mind. The drug company dragged its feet, and kept if off generics for over a year past its due date, by filing numerous lawsuits. I remember reading that by just delaying the introduction of the generic, the company amassed millions more dollars, than if it were allowed to expire when it was supposed to.
The reason that I know about this, was because it was costing my mother over $3- a pill. When the generics arrived, suddenly you did not need a prescription for Prilosec. So now I can buy the same thing for her, over the counter (I checked with the pharmacist, and it is the same drug) for about 50 cents a pill! ( I am talking about the branded Prilosec OTC, not a generic)
Sounds like a question to ask Margo. I'm sure she'd either know or know where to find out.
Thanks guys. Yes - I was reading about the delaying tactics when I searched for the answer to my question on the net.
Good thinking Wilso!
I will ask Margo!!!!!
For European (and German and Swiss) patents it's 20 years from the day of registration onwards.
[Other (European) national patent laws may differ.]
Because the devolpment of a drug (here: especially the 'hospital phase' before being able to sell it), last some years, the actual 'economic time' is much shorter than with any other product.
Therefore, drug firms can get 5 more years on the first 20.
[Would take me some time, to find all the various laws and regulations, but they are online .... womewhere.]
Thank you, Walter! Don't worry re looking more.
Re: Drug patents
dlowan wrote:Does anyone know how long the patent on new prescription drugs lasts, before generics can enter the market?
In the USA or elsewhere? Depends on the patent laws of the prescribing country.