Patent protection keeps drug manufacturers from producing generic drugs. If a company wants to extend its patent it must file an application for patent extension by a certain deadline. A new law proposed by Reps. John Conyers (D-Mich.), Ed Markey (D-Mass.), Richard Neal (D-Mass.) and Mike Pompeo (R-Kansas) provides exemptions to this deadline that has generic drug manufacturers up in arms.
Supporters of the law say that a drug makers’ lifesaving research shouldn’t be imperiled by confusing filing deadlines. The generic drugmakers retort that rejecting the patent extension would allow them to offer patients – and the government – a 70% discount on the cost of the drug.
In an article found at The Hill’s Healthwatch, the author Julian Pecquet states, “The generic medicines industry is up in arms about an amendment in pending patent reform legislation tailored to benefit a Massachusetts pharmaceutical company.”
According to Pecquet, the provision, dubbed the “Dog Ate My Homework Act” by critics – would redefine the deadline for filing a patent extension. It would benefit The Medicine Company, which missed a filing deadline for the anticoagulant Angiomax by two days a decade ago and has been trying to fix things ever since, as well as other drug makers.
Massachusetts lawmakers have introduced legislation benefiting the company several times over the years. The amendment to the patent bill was sponsored by Reps. John Conyers (D-Mich.), Ed Markey (D-Mass.), Richard Neal (D-Mass.) and Mike Pompeo (R-Kansas).
The House passed the bill, 304-117, in June. Now generic drugmakers are drawing renewed attention to the provision after Senate Majority Leader Harry Reid (D-Nev.) setup the patent reform bill for a vote in September.
“This amendment is an egregious example of an earmark designed to benefit a single brand pharmaceutical company at significant expense to American consumers and the generic pharmaceutical industry,” said Generic Pharmaceutical Association Executive Director Bob Billings in a recent statement.
“If enacted, it would make the deadline for filing a patent term extension essentially meaningless, and treat patentees differently than anyone else to whom statutory deadlines apply. And all to benefit one company that, by choice, waited until the last minute to file a simple form that hundreds of other companies have timely filed since 1984.”
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