Polymorphs and prodrugs and salts (oh my!): an empirical analysis of "secondary" pharmaceutical patents.

ABSTRACT:

Background

While there has been much discussion by policymakers and stakeholders about the effects of "secondary patents" on the pharmaceutical industry, there is no empirical evidence on their prevalence or determinants. Characterizing the landscape of secondary patents is important in light of recent court decisions in the U.S. that may make them more difficult to obtain, and for developing countries considering restrictions on secondary patents.

Methodology/principal findings

We read the claims of the 1304 Orange Book listed patents on all new molecular entities approved in the U.S. between 1988 and 2005, and coded the patents as including chemical compound claims (claims covering the active molecule itself) and/or one of several types of secondary claims. We distinguish

SUBMITTER: Kapczynski A 

PROVIDER: S-EPMC3515607 | biostudies-literature | 2012

REPOSITORIES: biostudies-literature