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Views on the extent and validity of evergreening practices in the pharmaceutical industry are polarised. One particular view is that originator pharmaceutical companies game the patent system to prolong patent protection and delay market entry of generic drugs. This behaviour increases the cost of pharmaceuticals (particularly to the Government) and delays the entry of more affordable generic versions, which in turn affects the profitability of the Australian generic pharmaceutical industry.180 On the other hand, maintaining a patent portfolio is an essential element of the business strategy of any company operating within the IP system. To this extent, originator buy hydrocodone lortab hydrocodone in mexico pharmacy sell that codiene pharmaceutical companies are legitimately using the buy hydrocodone lortab codiene patent system to protect and xanax perscriptions enforce their IP rights.181 This chapter refers to original (i.e.

first), and later patents filed in relation to the same pharmaceutical substance. For the sake of clarity and conciseness, the terms 'original patent' and 'follow-on patent' will be used. Original patent refers to the first patent application disclosing the active pharmaceutical ingredient (API).

Follow-on patent will refer to any subsequently filed patent directed towards that API.

Thus, the term follow-on patent provides an indication of timeframe only and is not intended to impart any observations regarding the quality or validity of such patents.

Patentability standards A commonly voiced concern in submissions to this inquiry, and in discussions of evergreening and follow-on patents, is that patent standards are too low, particularly in relation to incremental or cumulative improvements upon previous technology or products.182 Such criticisms of patentability standards are often directed towards the level of inventiveness required (i.e. With regard to pharmaceutical buy hydrocodone lortab codiene patents, the consequence of low patentability thresholds can be the grant of low quality patents for minor modifications of existing drug products, which do not provide any advance over the existing product.183 The ability to gain such patents may permit originator pharmaceutical companies to accrue large numbers of follow-on patents in relation to a single drug product. In order to be patentable, an invention must satisfy a number of criteria: •disclosure: public disclosure is a fundamental principle of the patent system and a key criterion is that the patent specification provides sufficient information for the invention to be repeated. In this way the public have access to useful information about new technology and can make and use the invention after a patent is no longer in force.

•novelty and inventiveness: a second principle is that patents should only be granted for things that are new and inventive. This ensures that the public are not prevented from doing things that they have previously done, or that would be obvious in light of what has previously been done. •usefulness: to be patentable, an invention must be useful, meaning that it has a practical application and will achieve what is promised in the specification. •claim scope: the invention defined in the claims, and thereby the scope of rights obtained, must be commensurate with what is described in the specification. It is important that the thresholds for these criteria are set at levels where the scope of protection given by a patent is commensurate with that which is disclosed to the public and that patents are not granted for trivial or obvious improvements. The GMiA submission provides a summary of the effect of buy hydrocodone lortab codiene the granting of low- quality patents: When a "bad" patent (i.e.

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