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The report further discussed literature distinguishing between complex and discrete technologies207 and provided data indicating that patent thickets are significantly more likely to occur in complex technologies.
The chemical and pharmaceutical technology sectors were cheap mexico oxycodone pharmacy specifically listed as examples of discrete technologies and it was stated that in the pharmaceutical industry, "thickets were thought to be less prevalent and less problematic".208 The Panel considers that the submissions do not support a case for the presence of pharmaceutical patent thickets in Australia. The "patent thickets" described in submissions to the Panel generally referred to the patent portfolio of a single originator company in relation to a single pharmaceutical. This type of portfolio does not fall within the meaning of a patent thicket as summarised above, and certainly does not appear to be comparable to voluminous patent thickets commonly discussed with regard to software and electronics, particularly in the US patent system. The Panel, however, does not wish to undermine the concerns expressed in submissions regarding this area and notes these concerns generally echo those presented in the EPO report in relation to patent thickets: patent thickets raise entry costs for new entrants, reducing the system's benefits for society. In such a situation, it is argued that strategic use of the patent system by applicants may entry hydrocodone mt online this trackback trackback be interfering with the goals of the system, by obliging innovators to spend inordinate hydrocodone clorpheniramine resources on transaction costs to bring new technology that builds on prior work to entry hydrocodone mt online this trackback trackback market.209 The strategic use of the patent system, as referred to above, is a key point.
The patent system is highly complex and regardless of whether or not patent thickets are actually present, the ability of companies to employ such strategic behaviours should be the focus of discussion. This point is expanded upon in the Analysis section of this Chapter. This report will address further discussion of this issue in terms of original and follow-on patents, rather than as "thickets": the meaning of which clearly differs between various interested parties. Case studies Certain entry hydrocodone mt online this trackback trackback pharmaceuticals have been raised in multiple submissions as examples of evergreening practices. A summary of two of these examples, venlafaxine and omeprazole, is provided below. Venlafaxine/Desvenlafaxine Venlafaxine is the API in the antidepressant marketed as EFEXOR. The original patent 567524 was filed in 1983, granted in 1988 and expired in 2008, having been granted an extension of term of 5 years. The patent is directed towards a capsule oxycodone related group of chemical compounds characterised by a generalised formula, one of which is venlafaxine. EFEXOR was first registered on the ARTG in 1994, eleven years after it was first patented. This gave EFEXOR an effective marketing life of 14 years. The key follow-on patents are 727653 and 2002250058. Follow-on patent 727653, directed towards a specific extended release formulation, was filed in 1997, granted in 2001 and will expire in 2017. Extended release venlafaxine was marketed as EFEXOR-XR after entry hydrocodone mt online this trackback trackback gaining ARTG inclusion in 1998.
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