Pharmaceutical patents have
always been in the limelight worldwide. While the drug manufacturers face a
stiff competition from the ever-expanding generics market, acquiring timely
patents on new drugs ensure firm market foothold and pose potential barriers to
entry. The much talked about Eli Lilly’s lung cancer
drug patent on ALIMTA set to expire in 2016 , raising questions on the
overall market sales and stringent competition from the generics drug market
thereafter. But thanks to ALIMTA’S “method
of use patent” (popularly known as '209 patent) aimed at the method of administering
antifolate to mammals.
Even though the basic patent on the lung
cancer drug ALIMTA is about to expire in the year 2016, Eli Lilly’s latter
patent ('209) which is set to expire
by the end of 2021 could potentially keep ALIMTA’s generics on hold. Reason
being the very fact that '209 patent
covers the specific method of administering the lung cancer drug ALIMTA and its
dosage procedure which apparently happens to be mentioned on the drug’s label
as well. Eli’s attempt to safeguard its popular drug by "method of use" based supporting patent ‘209 could prove to be a
smarter move when annual sales of ALIMTA are expected to rise to $3.5 billion by 2016.
On the other hand defendants and
generic drug manufacturers tend to legally argue the validity of the ‘209 patent.
Details can be accesses here. Recently many Pharmaceutical giants faced massive
competition from the generic drug industry upon patent expiry thereby leading
to slashed sales and overall revenues. Eli’s efforts to protect its basic drug
patent with supporting “method of use" based patents could potentially hit the bull’s eye
and possibly initiate a trend of such supporting patents.
(Image courtesy link)
