Patent thicket-ing– while controversial, is shaping the market dynamics profoundly.
The battle against biosimilar and generic competition is intensifying in the pharmaceutical industry as companies like AbbVie, Merck, and Bristol Myers leverage strategic patent practices to extend market exclusivity.
For example, AbbVie has effectively surrounded Humira with a "patent thicket," delaying biosimilar entry by seven years post its principal patent expiration in the U.S.
🔬 Merck is exploring innovative approaches by developing a subcutaneous version of Keytruda. This move could not only extend its patent life but also offer enhanced convenience over its IV counterpart. A pivotal trial result expected this year could mark a significant milestone.
Similarly, Johnson & Johnson and Bristol Myers are employing this strategy, focusing on extending the lifecycle of their drugs Darzalex and Opdivo, respectively. Bristol Myers has already seen success with Revlimid, where strong patenting by its original developer, Celgene, has deferred generic entry until 2026.
As drugmakers approach patent cliffs, strategies like securing late-earned patents and negotiating limited distribution deals are becoming important. These practices, while controversial, are shaping the market dynamics profoundly.
📉 The Inflation Reduction Act's limited negotiation power over drugs with no competitors further incentivizes such strategic patenting.
💡 As we move forward, the effectiveness and ethical implications of these strategies will continue to be a focal point of discussion in the industry. How do you think these practices affect innovation and access to healthcare?
#pharma #biotech #patents #bioentia #Keytruda #Humira #Revlimid #biosimilars
Senior Analyst at HCL Technologies
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