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crisis has brought the optimal design of pharmaceutical patent policy to the fore. In this paper we evaluate patent policy in … the US pharmaceutical industry. We estimate the effect of patent length and scope on generic entry prior to the expiration … of new drug patents using two quasi-experimental approaches: one based on changes in patent laws and another on the …
Persistent link: https://www.econbiz.de/10012802183
Patent settlements between originator and generic firms in the pharmaceutical industry have been challenged by … antitrust and competition authorities in the U.S. and the EU. Particularly settlements with large "reverse payments" to generic … firms raise the concern of collusive behaviour for protecting weak patents and delaying price competition through generic …
Persistent link: https://www.econbiz.de/10011408141
general cost of living. This article argues there should be greater competition for the production of follow-on drugs through … the strengthening of the double patenting prohibition: preventing extending exclusive rights beyond the original patent … the inventor in two patents and (2) only applying the prohibition when the earlier patent did not satisfy the technical …
Persistent link: https://www.econbiz.de/10013002400
Since the patent system relies on private litigation for challenging weak patents, and patent settlements might … influence the incentives for challenging patents, the question arises whether the antitrust assessment of patent settlements … should also consider their impact on the incentives to challenge potentially invalid patents. Patent settlements in the …
Persistent link: https://www.econbiz.de/10011579217
generic competition. Specifically, the regulations should be amended to consolidate multiple proceedings into one cause of … action that evaluates patent validity. An economic incentive to challenge weak patents should also be introduced in Canada …. These features encourage competition without deterring pharmaceutical research and development because only patents that are …
Persistent link: https://www.econbiz.de/10013074086
Persistent link: https://www.econbiz.de/10011349854
Persistent link: https://www.econbiz.de/10012321579
In Paragraph (iv) pharmaceutical cases, a patent-litigation decision often determines whether a brand-firm monopoly … continues or generic entry occurs. Using unique patent litigation data and an event-study approach that accounts for …-for-delay settlements led to less within-market competition after 2002 …
Persistent link: https://www.econbiz.de/10014143049
patent system. The indicators are based on a review of the International Patent Classification in use by patent offices … ranging from agriculture to cosmetics, traditional medicines, pharmaceuticals and biotechnology. A series of sub-sectors such …
Persistent link: https://www.econbiz.de/10012709142
This working paper critically examines the pharmaceutical industry and the incentive argument in patent law. It begins … by framing an overview of the industry and patent law, focusing on U.S. and U.K. law, and multilateral agreements, and … efforts by international organizations, such as the World Trade Organization (WTO). Next, the paper considers patent incentive …
Persistent link: https://www.econbiz.de/10014077712