Tu SS - DC Journal
Branded drug manufacturers have long exploited obviousness-type double patenting to amass dense webs of duplicative patents, forcing generic and biosimilar challengers to litigate each one and effectively blocking competition long after drugs can reasonably be considered innovative. The ETHIC Act would address this abuse by limiting brand-name companies to asserting only one patent per terminal-disclaimer-linked patent group against generic or biosimilar challengers, ensuring patent protection reflects true innovation rather than strategic gamesmanship.
VIEW SOURCE
Costa E, Kesselheim AS - Journal of Law, Medicine, & Ethics
Kirby-Rivera L, Feldman WB, Kim M, Kosmopoulou G, Kesselheim AS, Tu SS - Journal of Law, Medicine, & Ethics
Eisenkraft Klein D, Kesselheim AS - Health Policy