The Patent Trial and Appeals Board: A Target for Prescription Drug Patent Reform?

Freilich J, Kesselheim AS - JAMA

  • Innovation Incentives and Competition

Summary:

Efforts to reform the US Patent Trial and Appeals Board (PTAB) via the PREVAIL Act threatens to worsen drug patent thickets by impeding efforts to challenge patents as improperly granted. Instead, allowing patent challenges at the PTAB to trigger the 180-day generic exclusivity period and for successful challenges to end the 30-month stay on generic entry would be better solutions to strengthen the PTAB and promote generic competition.

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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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