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The report also noted the extent to which various strategies were used depended on the commercial importance of the pharmaceutical, with more strategies being used in relation to the highest selling medicines.192 The findings of the EU Commission report appear to have some bearing on the Australian pharmaceutical industry.
Each of the points summarised above has been raised as a concern in submissions received by the Panel.193 GMiA submits that follow-on patents are being used to delay the entry of generic medicines following orlando sentinel and oxycontin the expiration of the original patent. Furthermore, GMiA states that the density of patent thickets is a pertinent consideration for generic companies attempting to enter the market, as litigation costs and compounded risks increase exponentially with each additional potentially relevant patent.194 Alphapharm has provided its own interpretation of the term evergreening, wherein it is "understood to mean the extension of patent protection around a medicine or related medicine(s) beyond 25 years from the date the API is patent protected in Australia".195 Relying on this definition, Alphapharm has provided a number of examples of pharmaceuticals which meet its criteria of having patent protection beyond 25 years. Specific examples cited by Alphapharm include: Losec (omeprazole) and Nexium (esomeprazole), which are claimed to have over 48 years of patent protection; Cipramil (citalopram) and Lexapro (escitalopram), which are claimed to have over 46 years buy xanax alprazolam valium vicodin es of patent protection; and Fosamax (alendronate), which is claimed to buy xanax alprazolam valium vicodin es have over 36 years of buy xanax alprazolam valium vicodin es patent protection.196 Alphapharm also cites Efexor (venlafaxine), Efexor-XR (venlafaxine extended- release) and Pristi(desvenlafaxine) as an example of the use of marketing tactics for the purpose of evergreening, wherein it is claimed that "doctors are encouraged through marketing to prescribe the newer medicine (more expensive) instead of the older medicine (less expensive)".197 Representatives of the originator pharmaceutical industry express concerns over the use of so-called xanax zoloft pejorative terms, such as evergreening, follow-on/secondary patents and patent thickets, for describing legitimate business and patenting strategies that are conducted within the legal framework of the patent system and which are no different to the practices employed in other technological areas. Particular emphasis is placed on the term "evergreening" when used in the context of follow-on patents. A number of submissions note that follow-on patents have no less merit than any other patent, because they are required to meet the same patentability thresholds.198 Members of the IP profession also voice adipex phentermine no prescription similar concerns.199 7.3. Follow-on patenting and patent thickets A developer of a pharmaceutical product will typically file for a patent following a period of drug discovery research and/or development. This original patent protects the invention and provides a degree of market certainty that makes buy xanax alprazolam valium vicodin es further development of the product worthwhile. After initial patenting, considerable buy xanax alprazolam valium vicodin es development may still be required before the product can gain regulatory approval to be marketed.
During this development period, further patent applications may be filed.
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