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Subject:  Bush's Notion on Patent Enforcement Date:  10/23/2002  2:30 PM
Author:  rshunter2 Number:  241 of 899

I was very shocked to hear Bush II is in favor of a law forcing to limit the period of time infringement lawsuits by brand name manufacturers against generic makers to 30 months.

"To make generic, cheaper drugs avaiable sooner to Americans."

I only know of a handful of litigation that's gone on or longer; Sandoz's Fiorinal, DuPont's Coumadin, Wyeth's Premarin, perhaps a few others. In the case of Fiorinal, I WAS rather peeved spending a fortune for a simple drug (ASA, caffeine, codeine phosphate, butalbital).

Besides, the whole thing sounds like a crock.

If anyone is really serious about lowering drug prices, how about start by giving the original developing companies a real 7 years to use their patent-protected time, starting when the first dose rolls out of production for clinical use?? Which everybody knows isn't the way it works.

Reduce time to gain ROI and profit after ROI, price goes up. No brainer.

Is this guy really a Republican?

I wonder what would happen to brand name drug prices if a longer, guaranteed exclusive patent were granted? Bet they'd drop...

And what would a legitimate infringement suit consist of, what grounds? Apart from using improperly obtained trade secrets, or patent infringement outright, (i.e., prior to the expiry of the original manufacturer's legal patents)?

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