A “Method of Use” to Prevent Generic and Biosimilar Market Entry

Tu SS, Sarpatwari A - New England Journal of Medicine

  • Innovation Incentives and Competition

Summary:

Brand‑name manufacturers are increasingly using method‑of‑use patents and FDA labeling requirements to undermine the skinny labeling pathway for generics and biosimilars. Focusing on the Federal Circuit’s decision in GlaxoSmithKline v. Teva, the authors warn that the ruling threatens timely generic entry and could enable manufacturers to extend exclusivity well beyond what Congress intended.

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The Impact of Semantics in Medicines Regulation

Costa E, Kesselheim AS - Journal of Law, Medicine, & Ethics

  • Innovation Incentives and Competition
  • Regulation and Clinical Evidence
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Delisted Patents on Pharmaceuticals, 1998-2024

Kirby-Rivera L, Feldman WB, Kim M, Kosmopoulou G, Kesselheim AS, Tu SS - Journal of Law, Medicine, & Ethics

  • Innovation Incentives and Competition
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Delays in Access to Generic Semaglutide Point to Key Missing Pieces in Canada’s Drug Approval System

Eisenkraft Klein D, Kesselheim AS - Health Policy

  • Innovation Incentives and Competition
  • Regulation and Clinical Evidence
Canada approved its first generic semaglutide nearly four months after market exclusivity expired, with delays arising from the absence of clear standards for demonstrating equivalence between fully synthetic generics and the brand-name product. Regulators should publish equivalence standards so manufacturers can build the required evidence into their initial submissions, helping lower-cost alternatives reach patients sooner.
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