加快生物类药物市场准入:允许早期持有资格的理由
S Sean Tu1, Rachel Goode2, Matthew Turner2
1West Virginia University College of Law, 101 Law School Dr, Morgantown, WV 26506, USA.
Journal of law and the biosciences
|January 6, 2025
概括
生物类似公司因专利诉讼时间而面临市场进入延迟. 在第三阶段临床试验期间允许诉讼可以将生物类似药的可用性加速近两年.
科学领域:
- 制药科学 制药科学
- 卫生经济学 卫生经济学
- 知识产权法 知识产权法 知识产权法
背景情况:
- 生物仿制药为生物药品提供了负担得起的替代品.
- 目前的专利诉讼框架推迟了生物类似药的进入市场.
- 仿制药诉讼在推出前的限制较少.
研究的目的:
- 分析生物仿制药目前的专利诉讼挑战.
- 提出改革建议,以加快生物类药物进入市场.
- 减少获得负担得起的生物药物的延迟.
主要方法:
- 审查生物价格竞争和创新法案的专利诉讼条款.
- 生物类似药和仿制药诉讼时间表的比较.
- 对提议的改革进行分析,以提前启动诉讼.
主要成果:
- 生物类药物诉讼只能在FDA提交申请后开始,临床后试验.
- 与仿制药相比,这种时间制造成了大量的市场进入延迟.
- 拟议的改革可以减少约1.8年的延迟.
结论:
- 目前的专利诉讼框架阻碍了生物类似产品的市场准入.
- 建议在3期试验开始时启动生物仿制药诉讼.
- 诉讼改革可以加快可负担得起的生物类似药的可用性.
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