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AEI Believes Advantages of Longer Data Exclusivity Period Outweigh Disadvantages

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- In a follow-on biologics report that has received widespread media attention, the Federal Trade Commission concluded last week that a 12-14 year data exclusivity period was not needed to promote innovation by pioneer biologics companies (see "No One Seems Happy with Follow-on Biologics According to the FTC"). The FTC's conclusion was significant in that it directly conflicts with the conclusion reached in a number of prior economic studies, including that of Duke University economist Henry Grabowski in a paper published in May 2008 in Nature Reviews Drug Discovery (see "Follow-on biologics: data exclusivity and the balance...

Full post as published by Patent Docs on June 19, 2009 (boomark / email).