Not sure you're right about that, someconcerns. If
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Posted On: 09/16/2017 9:14:59 AM
Re: someconcerns #37542
Not sure you're right about that, someconcerns. If a drug is under patent protection, no one can manufacture it LEGALLY without licensing it from the patent owner.
But, if a company buys a supply of the drug and then does a clinical trial in combination with their drug, they can do that. I'm not sure if they could patent a combo drug without sign-off approval from the owner of the patent on the original drug, because that would impinge on patent rights for the original drug.
And, they couldn't market it if the angry patent owner refused to sell or license the drug to them, because they couldn't manufacture it.
If they are allowed to patent the combo, they might do that to try to force the original patent owner into selling them supply. But that seems like a pretty risky strategy. If I owned the patent, my first impulse would be to say eff you, then I'd say "fine, you can buy it, it's $1000/microgram."
HOWEVER: when a drug's patent is running out, drug companies do try to find a way to extend protection, and making it available only as a combo drug is a good way to do that. Or, slightly alter it. That's why we're seeing all these recommendations for people to buy expensive new cholesterol drugs instead of cheap generic ones, even though the new ones don't have any better clinical trial results.
CAVEAT: I believe statins are extremely dangerous and suitable only for people who have the hereditary high-cholesterol disease. Google "astronaut doctor statins" and you'll see why.
But, if a company buys a supply of the drug and then does a clinical trial in combination with their drug, they can do that. I'm not sure if they could patent a combo drug without sign-off approval from the owner of the patent on the original drug, because that would impinge on patent rights for the original drug.
And, they couldn't market it if the angry patent owner refused to sell or license the drug to them, because they couldn't manufacture it.
If they are allowed to patent the combo, they might do that to try to force the original patent owner into selling them supply. But that seems like a pretty risky strategy. If I owned the patent, my first impulse would be to say eff you, then I'd say "fine, you can buy it, it's $1000/microgram."
HOWEVER: when a drug's patent is running out, drug companies do try to find a way to extend protection, and making it available only as a combo drug is a good way to do that. Or, slightly alter it. That's why we're seeing all these recommendations for people to buy expensive new cholesterol drugs instead of cheap generic ones, even though the new ones don't have any better clinical trial results.
CAVEAT: I believe statins are extremely dangerous and suitable only for people who have the hereditary high-cholesterol disease. Google "astronaut doctor statins" and you'll see why.
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