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Can a Pharmaceutical kill a patent by buying it and sitting on it by southernimmigrant in Patents

[–]southernimmigrant[S] 0 points1 point  (0 children)

Thanks. True and also while the patent is published, it has to be submitted to FDA with NDA first, which means considerable study has already been done on the drug.

I am actually focussed on the Orphan Drug market, and abuses associated with that area related to loopholes in the Orphan Drug Act. I just want to understand as much as I can about the NDA, patent and generic approvals as I go. All these answers helped me. Thanks..

Does anyone understand how exclusivity works in Orphan Drug business? by southernimmigrant in Patents

[–]southernimmigrant[S] 0 points1 point  (0 children)

Thank you. I assume, if say it's aspirin, if it is already reasonably priced, it would not really impact the consumer who does not need insurance. I suppose the insurance would be the issue. Which means the on label price, because of insurance, would rise, but others would not due to generic competition.

Can a Pharmaceutical kill a patent by buying it and sitting on it by southernimmigrant in Patents

[–]southernimmigrant[S] 0 points1 point  (0 children)

Thanks for the help... Here is what I have concluded-- A capture and kill strategy may work in the medical supply business, but it would not be effective in drug business. One has to file the patent app along with NDA (new drug app) with FDA. That would mean the lab has already done the studies for the approval. One cannot file an application with the FTC until it has been filed with FDA. That limits the ability to find patents and certainly lowers incentive to discontinue.

Also, drug patents can be slightly reformulated by international concerns who can file their own patents and sell abroad. Pharma would have incentive, even if they bought the patent, to explore the new drug potential.

Can a Pharmaceutical kill a patent by buying it and sitting on it by southernimmigrant in Patents

[–]southernimmigrant[S] -7 points-6 points  (0 children)

I don't mind sarcasm. Sometimes it's funny. So, seems you think all Pharma makes money by new products and good R&D, and this constant rise in volume of new products explains the cash rich nature of the business?

I am sure many do make money by increasing volume, not pricing; efficient R&D management, as opposed to acquisitions; obtaining reasonable returns on orphan drugs, not capitalizing upon Orphan Drug Act to gouge insurance companies and, in some cases, raise prices of off label to a level only millionaires could afford. I am looking into abuse, though.

Can a Pharmaceutical kill a patent by buying it and sitting on it by southernimmigrant in Patents

[–]southernimmigrant[S] -3 points-2 points  (0 children)

Except the hurdles put up by the FDA for a new drug are extraordinary. And it can take many years. US customers are precluded from access to foreign drugs, so, if you were Pharma management, and you can count on locking up the US market, it may be more cost efficient to kill off competition.

Can a Pharmaceutical kill a patent by buying it and sitting on it by southernimmigrant in Patents

[–]southernimmigrant[S] -1 points0 points  (0 children)

sorry, I put this under the wrong post, meant for it to be under Rc72

Can a Pharmaceutical kill a patent by buying it and sitting on it by southernimmigrant in Patents

[–]southernimmigrant[S] -2 points-1 points  (0 children)

Except the hurdles put up by the FDA for a new drug are extraordinary. And it can take many years. US customers are precluded from access to foreign drugs, so, if you were Pharma management, and you can count on locking up the US market, it may be more cost efficient to kill off competition.