An Empirical Analysis of Primary and Secondary Pharmaceutical Patents in Chile

41 Pages Posted: 2 Mar 2015 Last revised: 25 Mar 2015

See all articles by María José Abud Sittler

María José Abud Sittler

Columbia University

Bronwyn H. Hall

University of California at Berkeley; National Bureau of Economic Research (NBER); Institute for Fiscal Studies (IFS); Max Planck Institute for Innovation and Competition

Christian Helmers

Santa Clara University - Leavey School of Business; Universidad Carlos III de Madrid

Date Written: February 2015

Abstract

We analyze the patent filing strategies of foreign pharmaceutical companies in Chile distinguishing between “primary” (active ingredient) and “secondary” patents (patents on modified compounds, formulations, dosages, particular medical uses etc.). There is prior evidence that secondary patents are used by pharmaceutical originator companies in the U.S. and Europe to extend patent protection on drugs in length and breadth. Using a novel dataset that comprises all drugs registered in Chile between 1991 and 2010 as well as the corresponding patents and trademarks, we find evidence that foreign originator companies pursue similar strategies in Chile. We find a primary to secondary patents ratio of 1:4 at the drug-level which is comparable to the available evidence for Europe; most secondary patents are filed over several years following the original primary patent and after the protected active ingredient has obtained market approval in Chile. This points toward effective patent term extensions through secondary patents. Secondary patents dominate “older” therapeutic classes like anti-ulcer and anti-depressants. In contrast, newer areas like anti-virals and anti-neoplastics (anti-cancer) have a much larger share of primary patents.

Suggested Citation

Abud Sittler, María José and Hall, Bronwyn H. and Helmers, Christian, An Empirical Analysis of Primary and Secondary Pharmaceutical Patents in Chile (February 2015). NBER Working Paper No. w20995. Available at SSRN: https://ssrn.com/abstract=2572153

María José Abud Sittler (Contact Author)

Columbia University

3022 Broadway
New York, NY 10027
United States

Bronwyn H. Hall

University of California at Berkeley ( email )

549 Evans Hall #3880
Berkeley, CA 94720-3880
United States

HOME PAGE: http://emlab.berkeley.edu/users/bhhall/index.html

National Bureau of Economic Research (NBER)

1050 Massachusetts Avenue
Cambridge, MA 02138
United States

Institute for Fiscal Studies (IFS)

7 Ridgmount Street
London, WC1E 7AE
United Kingdom

Max Planck Institute for Innovation and Competition

Marstallplatz 1
Munich, Bayern 80539
Germany

Christian Helmers

Santa Clara University - Leavey School of Business ( email )

500 El Camino Real
Santa Clara, CA California 95053
United States

Universidad Carlos III de Madrid ( email )

CL. de Madrid 126
Madrid, Madrid 28903
Spain

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
3
Abstract Views
386
PlumX Metrics