The importance of patents for pharmaceutical companies

The importance of pharmaceutical patents is reflected in many aspects, including the protection of intellectual property rights, patents provide exclusive rights to drugs or treatments, encourage companies to carry out more research and development, return investment, maintain competitive advantage and provide commercial bargaining chips. The patent system provides pharmaceutical companies with a system to protect and stimulate innovation, so that pharmaceutical companies can protect their unique innovation and R & D investment, in addition, patents also help to promote progress in the field of medicine and pharmacy, prompting pharmaceutical companies to constantly seek new treatments and drugs to improve existing treatments or develop new therapies.

Corcept TherapeuticsIn its use for Cushing's syndrome(Cushing's syndrome)of the drugKorlymCushing's syndrome, also known as hypercortisolism, is a disease caused by excessive secretion of glucocorticoids from the adrenal cortex,Corcept Therapeuticsis a single-product company: so far it has only one approved original drugKorlym(mifepristone), whose patents have been subject Teva Pharmaceuticalsthe company's lawsuit,2020year,Teva Pharmaceuticalseven gainedFDAto itsKorlymThe initial approval of the generic drug, but due to the patent dispute, the company has so far failed to start sales, the plaintiff chose a strategy to delay the litigation process, by in turn filed againstKorlymclaims of different patents, according to which,Korlymprotected by these patents.

Corcept TherapeuticsIn 2018decided to sue the generic drug manufacturer in, when the latter had just filed aKorlymof generic drug registration documents, based on expert assessment,2019 Year 3Submitted in the month 214No. patent litigation should take two to three years of judicial trial time, if. Corcept TherapeuticsHaving won this lawsuit, it will be able to block genericsKorlymproduction in the US market 2037year,Corcept Therapeuticsin connection Teva Pharmaceuticalschose a long road in the patent dispute, which shows thatKorlymPatent protection for this important drug is crucial, and in response,TevaAlleging the U.S. opponent of misusing the patent, which provided it with an opportunity to claim unearned profits from the Israeli company (if the Israeli company was deemed right), eventually, after a long argument, the New Jersey court ruled in favor of the Israeli company, according to the judge's ruling,Corcept TherapeuticsFailing to provide credible evidence that someone violated the rights claimed in its lawsuit, the U.S. company's share price fell nearly after the announcement. 33%.

Another example is about the United States Patent and Trademark Office (USPTO) in Japanese companiesDaiichi SankyowithSeagenThe years-long patent war between Japanese companies made in favorDaiichi Sankyoof the decision, the dispute focused on the right to link technology, which is usedDaiichi SankyoDrugs for the treatment of tumorsEnhertu.(Tasotecan, English trade name), this connection technology is the "element" that connects the two active ingredients in the drug.USPTOIn the final decision,SeagenAll about the patent number10,808,039were found to be invalid, and after a series of setbacks,Daiichi SankyoThe company's chief legal adviser said it was "satisfied"USPTODecides to annul all contested claims,Daiichi SankyoandSeagenThe dispute2008year, when the two companies reached an agreement on the useSeagenplatform for a global exclusive agreement for solid tumors, the partnership is in.2015the end of the year,2019Year3month,Daiichi SankyoWon the value69billion potential contract, which is a contract withAstraZenecaAbout DevelopmentEnhertu.The agreement, at the time.Enhertu.Still in the experimental stage, but considered promising, a month later,Seagenproposed againstDaiichi SankyoThe claim: According to the US side, it is entitled to part of the contract because the drug uses the same basic linking technology,Daiichi Sankyosaid it would "vigorously defend" its exclusiveIntellectual Property,2020Year12month,Daiichi SankyoToUSPTOproposedSeagenAbout 039an appeal of a patent claim,SeagenA counterclaim was filed and a civil suit was filed against the former partner in the same year,2022Year4month, the jury made a decision in favorSeagenThe decision, the judgmentDaiichi Sankyopaid to its4182$10,000 in compensation,2023Year10The District Court for the Eastern District of Texas also stood.SeagenOne side, demandingDaiichi SankyoFrom2022Year4Month1Day2024Year11Month4Day willEnhertu.of all sales revenue8%Transfer as concession moneySeagenThis Japanese company.Daiichi SankyoIt merely obtained recognition of a competitor's "invalid patent" and contested those decisions.

Patents are essential to the innovation and business success of pharmaceutical companies. However, while pursuing profits, it is also necessary to balance the price and accessibility of drugs to ensure that patients can receive appropriate medical care. Patent protection enables pharmaceutical companies to sell their drugs at higher prices during the patent period to cover research and development costs. However, this may also make it difficult for some patients to afford expensive drugs, pharmaceutical companies need to balance different pricing and marketing strategies to ensure the accessibility of drugs to the public. In the use of patent rights, pharmaceutical companies should exercise their patent rights responsibly and avoid abuse of monopoly position. This may include cooperation with academic institutions and other pharmaceutical companies to improve the level of innovation and expand the beneficiary groups. In addition, pharmaceutical companies can improve the production and supply efficiency of drugs through authorization or cooperation with other companies, at the same time, the scope of benefits for patients is expanded. With the end of the patent protection period, the later stage market will usually usher in more competition, thereby reducing prices and increasing patients' choices, which helps to improve the accessibility of drugs. Therefore, while promoting innovation and business success, patents need to be centered on the public interest to ensure that patients can obtain necessary treatments and drugs.