"After 10 years under the BPCIA, patents, in many cases scores of patents per product, are providing originators with years of additional exclusivity."bit.ly/2pZxl4N
"Every FDA-approved biosimilar has faced a patent challenge, and on average at least 80 patents have been either asserted or disclosed as potentially covering the biosimilar."
"Biologics originators successfully argued that they required longer [marketing] exclusivity without competition from follow-on products because patents covering the originators’ products would not pose the same barriers to entry that patents provide for small molecule drugs."
"Almost 10 years after enactment of the BPCIA, it is clear that originators’ concerns were overstated. Patent thickets remain an important obstacle to launching follow-on biologics and help explain why such launches in the U.S. lag behind those in Europe."
This article highlights what many of us already knew.#Pharma and #Biotech's reasoning for longer marketing exclusivity does not hold up. And that's why Canada, Mexico and Congress should not pass the USMCA or any future trade agreement demanding longer marketing exclusivity.
It also highlights that #overpatenting by #Pharma and #Biotech is THE problem and is preventing earlier competition. Do we have the courage to take this problem on in a way that will have real and meaningful impact that benefits the public - not the companies?
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