通过立法"薄薄标签"及时保持仿制药竞争
S Sean Tu1, Aaron S Kesselheim2
1West Virginia University College of Law, Morgantown, West Virginia, USA.
Clinical pharmacology and therapeutics
|October 24, 2023
概括
品牌制药公司使用专利来阻止仿制药的竞争. 国会创建了"瘦标签"途径,允许仿制药,但最近的一起法庭案件危及这一点. 需要立法解决方案.
科学领域:
- 制药法 制药法 制药法
- 知识产权知识产权知识产权知识产权
- 医疗保健政策 医疗保健政策
背景情况:
- 专利对于药物创新至关重要,但可以被滥用以扩大市场排他性.
- 品牌公司在老药物上战略性地申请"使用方法"专利,以阻止仿制药制造商.
- "瘦标签"途径是为了促进非专利指示的仿制药的进入而建立的.
研究的目的:
- 分析"使用方法"专利战略的法律和经济影响.
- 检查最近法院裁决对"瘦身标签"途径的影响.
- 提出立法改革,以确保公平的通用药品市场准入.
主要方法:
- 审查专利法和相关法院判决.
- 分析"瘦身标签"条款及其应用.
- 审查立法提案和政策建议.
主要成果:
- "使用方法"专利经常被用来扩大品牌断超出原始专利条款.
- 最近的一项法庭裁决对"瘦标签"途径的可行性产生了不确定性.
- 目前的法律环境对及时进入仿制药市场提出了重大挑战.
结论:
- "薄标"途径对于促进仿制药竞争和降低药物成本至关重要.
- 需要立即采取立法行动,以保护"瘦标签"的途径,并解决专利滥用问题.
- 政策干预应侧重于平衡创新激励与负担得起的药物获取.
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