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   Patent terms for pharmaceutical drugs
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   Author  Topic: Patent terms for pharmaceutical drugs  (Read 961 times)
bvigorda
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Patent terms for pharmaceutical drugs
« on: May 17th, 2006, 5:39am »
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Hi,
 
I'm not trying to patent anything to do with pharmaceutical drugs or anything.  I just have a curiosity about patent terms for them.
 
It seems that the current term for patents is 20 years, but I seem to recall that generic drugs can be made after a patented pharmaceutical drug has been around for only 7 years.
 
Are there different patent terms for different categories?
 
Thanks,
Gail
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JimIvey
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Re: Patent terms for pharmaceutical drugs
« Reply #1 on: May 17th, 2006, 2:10pm »
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Nope.  Same patent term -- 20 years from the date of filing with possible extensions.
 
My guess is that generics come up within 7 years only when a patent (or at least the relevant claim(s)) is invalidated in litigation, opening the door for generics to come in.
 
Regards.
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James D. Ivey
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chemichael
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Re: Patent terms for pharmaceutical drugs
« Reply #2 on: May 17th, 2006, 2:16pm »
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Just to add to Jim's post, extensions are available for delay on the part of the patent office during prosecution as well as regulatory delay (i.e. delay due to awaiting approval from the FDA).  The FDA has an electronic version of it's Orange Book which has the expiration date of patents for pharmaceutical products, which includes the extensions due to regulatory delay.  You can search by proprietary name of the drug or the name of the active ingredient.
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bvigorda
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Re: Patent terms for pharmaceutical drugs
« Reply #3 on: May 17th, 2006, 4:41pm »
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Thank you - that explains it for me.
 
Best,
Gail
« Last Edit: May 18th, 2006, 3:07am by bvigorda » IP Logged
Wolfcastle
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Re: Patent terms for pharmaceutical drugs
« Reply #4 on: May 24th, 2006, 7:51pm »
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Another important thing to consider with pharmaceuticals is that there is patent exlusivity and there is regulatory exlusivity. If you have either, you can prevent further people from selling your drug in the USA. For regulatory drug exlusivity, you get to consider all sorts of fun things such as orphan drugs, child studies, and the 180 day period a generic gets for invalidating someone else's drug patent.
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