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Exploring Evergreening: Insights from Two Medicines

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Litigated pharmaceutical patents are a valuable source of data on how much inventiveness is required for a patent grant and what are the costs of patents. Although innovation is central to economic growth and the competitiveness of firms, there are few data about either the cost of granted patents or the quantum of inventiveness required for a patent. Two cases of litigated pharmaceutical patents allow investigation of two types of secondary ‘evergreening’ patents—new formulations and closely related chemical variants. Both lead to higher Pharmaceutical Benefits Scheme outlays, and in some cases, these can be substantial. There are clear policy implications.
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Document Type: Research Article

Publication date: December 1, 2016

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