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It is further expected that originator pharmaceutical companies will utilise every means within the system in which meridia without prescription order meridia tramadol online they operate in order to gain the maximum level of protection for their high- value products. This could be viewed as a corporate responsibility and it follows that anything less would xanax online shipped be a failure of these companies new phentermine buy cheap to act in the best interests of their shareholders. This has, however, the unfortunate effect of blurring the lines of transition between the protected and non-protected market. The legal and regulatory systems in place in the pharmaceutical environment further increase the overall complexity and, therefore, costs of operating in such a space.

The granting of follow-on patents surrounding an API is one of the main criticisms of the pharmaceutical patent system. The ability of originator pharmaceutical companies to amass a patent portfolio around a single product is an effective strategy for frustrating competitors by increasing uncertainty around entry into the market. While some follow-on pharmaceutical patents are found to be invalid by the courts,232 this does not mean that all forms of follow-on patenting are invalid.

Furthermore patents filed prior to the launch of a pharmaceutical new phentermine buy cheap product may well be necessary in order to protect new innovations arising during the developmental process. Additionally, it appears that it is not only originator pharmaceutical companies that are utilising these follow-on patents.

As can be seen from the omeprazole and simvastatin examples in Figures 7.3.1 and 7.3.2, non-originator companies appear to dominate follow-on patenting after the marketing of a successful pharmaceutical product. It is worth reiterating at this point that these companies, irrespective of whether or not they are originator pharmaceutical companies, are legitimately operating within the confines of the various legal and regulatory systems in place in Australia (and indeed, new phentermine buy cheap the international community). It is inefficiencies within new phentermine buy cheap these systems that permit the behaviours addressed in this chapter. Therefore, rather than addressing behaviours of the companies working within this system, it would be more effective to address the inefficiencies within the system that permit these behaviours. In the case of the patent system, follow-on patents must be examined and found by IP Australia to be novel and inventive in order to meet the requirements of the Patents Act.

The Panel is of the opinion that patentability standards are key to this issue, and that incorrect thresholds in the past may well have provided undue patent protection in certain instances. These standards must be set at a level that restricts the grant of follow-on patents to truly novel and inventive subject matter which contributes to cumulative innovation. Before continuing the discussion in relation to patentability standards, the Panel observes that a number new phentermine buy cheap of issues raised in regard to evergreening practices may be more appropriately dealt with by reviewing processes involved in regulatory systems outside of the patent system. Changes to the patent system alone will do little to affect the marketing strategies utilised by pharmaceutical companies. The pharmaceutical market in Australia, gives end users little influence in determining the success of a drug. In effect, the only customer capable of having any significant impact on the pharmaceutical market is the PBS. Intermediaries, physicians and pharmacists, also have a strong influence on the choice of drugs for patients from those within the PBS range. The Panel considers that it may be of benefit for the Pharmaceutical Benefits Advisory Committee (PBAC) to have regard to the patent landscape surrounding a pharmaceutical, when forming its recommendation regarding acceptance into the PBS.233 To the Panel's knowledge, this is currently not a consideration for the PBAC.

This approach may be beneficial in minimising the effects of life-cycle management strategies employed by originator pharmaceutical companies.



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