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May your drug price be evergreen
1Hastings College of the Law, University of California, 200 McAllister St. San Francisco, CA 94102, USA.
Journal of Law and the Biosciences
|May 31, 2019
Summary
Pharmaceutical companies frequently extend patents on existing drugs rather than developing new medicines. This "evergreening" practice, particularly common for blockbuster drugs, is a growing concern in intellectual property protection.
Area of Science:
- Pharmaceutical industry practices
- Intellectual property law
- Drug development economics
Background:
- Evergreening, defined as artificially extending patent protection, is a significant issue.
- The pharmaceutical industry's patent strategies warrant comprehensive investigation.
Purpose of the Study:
- To quantify the extent of evergreening in the pharmaceutical market.
- To analyze patenting and exclusivity trends for drugs between 2005 and 2015.
Main Methods:
- Analysis of all drugs on the market from 2005 to 2015.
- Examination of 60,000 data points on patent and exclusivity additions.
- Categorization of new patents to distinguish between novel drugs and existing ones.
Main Results:
- 78% of drugs with new patents were existing drugs, not new formulations.
- Evergreening is more prevalent among high-revenue "blockbuster" drugs.
- Many companies engage in serial evergreening, adding multiple extensions.
Conclusions:
- Pharmaceutical companies prioritize extending protection on existing drugs over new drug innovation.
- Evergreening practices are increasing over time, impacting the drug market.
- The study reveals a shift from traditional intellectual property concepts in pharmaceuticals.
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