Journal article
Evidence of 'evergreening' in secondary patenting of blockbuster drugs
Melbourne University Law Review, Vol.44(2), pp.537-564
2021
Abstract
Secondary patents associated with blockbuster drugs are granted for follow-on innovations relating to the active pharmaceutical ingredient (‘API’) of the drug. Our analysis of all sec-ondary patents for 13 top-selling drugs in Australia shows that, while the majority of fol-low-on innovations are made by entities other than the originator of the drug, the innova-tions with the highest private value are undertaken by the drug’s originator and concern a delivery mechanism or an alternative formulation for the API. Since that is the type of follow-on innovation most commonly undertaken by drug originators, and considered most likely to result in a de facto extension of marketplace monopoly over the drug, we see in these findings evidence that the originators of blockbuster drugs engage in secondary patenting that has an ‘evergreening’ effect.
Details
- Title
- Evidence of 'evergreening' in secondary patenting of blockbuster drugs
- Authors/Creators
- A.F. Christie (Author/Creator)C. Dent (Author/Creator)D.M. Studdert (Author/Creator)
- Publication Details
- Melbourne University Law Review, Vol.44(2), pp.537-564
- Publisher
- Melbourne University Law Review
- Identifiers
- 991005540259407891
- Murdoch Affiliation
- School of Law
- Language
- English
- Resource Type
- Journal article
- Publisher URL
- https://law.unimelb.edu.au/mulr
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