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Volume 361:1917-1919 November 12, 2009 Number 20
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Balancing Innovation, Access, and Profits — Market Exclusivity for Biologics
Alfred B. Engelberg, J.D., Aaron S. Kesselheim, M.D., J.D., M.P.H., and Jerry Avorn, M.D.

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Twenty-five years ago, Congress enacted the Waxman–Hatch Act to facilitate the approval by the Food and Drug Administration (FDA) of low-cost generic drugs that are bioequivalent to approved brand-name drugs. This law has been largely successful, in that generic drugs now account for more than 70% of prescriptions dispensed in the United States (and for 20% of dollars spent on medications). In most cases, a generic version becomes available immediately after the patent protection for a brand-name drug ends. This year, Congress is considering legislation to translate this approach to biologic drug products — larger, more complex molecules that are . . . [Full Text of this Article]


Source Information

From the Engelberg Foundation, Palm Beach, FL (A.B.E.); and the Division of Pharmacoepidemiology and Pharmacoeconomics, Department of Medicine, Brigham and Women's Hospital and Harvard Medical School, Boston (A.S.K., J.A.).

This article (10.1056/NEJMp0908496) was published on October 14, 2009, at NEJM.org.




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