A 'Method of Use' to Prevent Generic and Biosimilar Market Entry
New England Journal of Medicine, Vol. 388, p. 483-485
Posted: 8 May 2023
Date Written: Febraury 2023
Abstract
Brand drug manufacturers use large numbers of patents directed towards the same products creating "patent thickets" to delay or deter generic drug entry. In this Perspective, Dr. Tu and Dr. Sarpatwari show that over the past two decades drug companies have been increasing the intensity of patenting. Additionally, the authors show that many of these patent thickets are comprised of less innovated "method of use" patents.
This article was published in the New England Journal of Medicine at https://www.nejm.org/doi/full/10.1056/NEJMp2216020
Keywords: patent law, patent thicket, pharmaceutical patents, generic drugs, method of use patents
JEL Classification: K00, K10, K23
Suggested Citation: Suggested Citation
Shine (Sean) Tu (Contact Author)
West Virginia University College of Law ( email )
101 Law School Drive
Morgantown, WV West Virginia 26506
United States
HOME PAGE: http://https://www.law.wvu.edu/faculty-staff/faculty/s-sean-tu