Orphan Drug Designation and Exclusivity for “Same Drugs”

Hong P, Sarpatwari A, Kesselheim AS - Journal of Law, Medicine & Ethics

  • Innovation Incentives and Competition

Summary:

The authors describe how Eagle Pharmaceuticals exploited a legal loophole in the Orphan Drug Act to achieve “serial exclusivity” for bendamustine (Bendeka), effectively extending the monopoly of an existing cancer drug by obtaining new orphan drug exclusivity for a reformulated version with the same active ingredient.

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Recent Work from PORTAL

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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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