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Re: When does generic zyprexa come out?? linkadge

Posted by yxibow on June 26, 2008, at 18:33:10

In reply to Re: When does generic zyprexa come out??, posted by linkadge on June 26, 2008, at 17:13:20

> Why does Canada already have a generic zyprexa?
>
> Linkadge

Its complicated loops in the Patent Act of Canada and US patent laws, for one.

It was upheld in Canada and Germany that a generic version of Zyprexa could go forward.

Since the Patent Act, TRIPS has been signed, which is an international treaty with some caveats and reservations among countries, most notably HIV/AIDS drugs.

Before June 8 1995 in the US the term was 20 years, and afterwards 17 years, and 20 years from the earliest claimed filing date.

Canada I believe had some different wording, but with the TRIPS and Uruguay round in force minimum agreements have been set with the WTO.


Can I explain all of it, no.... I'm not a lawyer, but there are some subtle differences.

There have also been attempts at "patent challenges", which are direct attempts to violate a patent law before its expiration date. Generic companies may or may not succeed but may pay large fines in court or settlements.

An example is Teva's challenge against Seroquel.

But large manufacturers have another way of attempting to defeat patent challenges -- they come out with extended or once-a-day releases of their medication, no different from the original compound, but enough so that the formulation becomes another patent.


As I say, modern pharmaceutical patent law is a bit over my head.

-- tidings

 

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URL: http://www.dr-bob.org/babble/20080626/msgs/836641.html