Why Pharmaceutical Patent Thickets Are Unique

Carrier MA, Tu SS - Texas Intellectual Property Law Journal

  • Innovation Incentives and Competition

Summary:

The authors refute the argument that pharmaceutical companies’ accumulation of patent thickets is analogous to technology companies’ patenting practices. Firms’ litigation of method of use patents and increasing use of continuation patents to block generic entry highlight how pharmaceutical patent thickets, unlike thickets in other industries, are designed to be anti-competitive.

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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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