Friday, June 29, 2007

Biogenerics: Opportunity In Abundance
In The Midst of Thick Challenges


A number of factors are coinciding to make biogenerics a hot topic at the moment: Government agencies around the globe especially US and Europe are busy devising a balanced regulatory policy for biogenerics to address the rapid and a more urgent priority for governments and consumers healthcare spending on ageing populations.

As key patents on some of the early recombinant protein therapeutics have started to expire the generic companies are developing the capabilities to develop and create their own versions of these off-patent products while Innovators on the other side are trying there best to exert a much greater influence and slow down the reforms.

In this context the people’s representatives in US have taken a big leap forward to open the much debated market barrier for biogenrics. The bill passed by the Senate health, Education, Labor and Pension committee by a Voice vote is fairly assumed to be included in the broad FDA bill expected to be passed in the coming months is one such effort taken by US and being eagerly tracked by all the stake holders involved.

The authors who wrote the bill say "The bill reflects a balanced approach that enables patients to have safe, effective and affordable biological drugs, while preserving the incentives that have brought these life-saving advances to the American public,"

The major highlights being provision of a 12 years of marketing exclusivity for Biologic medicine to the Innovator against the traditional 5 years of marketing exclusivity for new chemical entities.

If this becomes law it could open doors for multibillion dollar biotech products such as Epogen (Amgen), Procit (Johnson & Johnson) since their patents have expired and have already enjoyed at least 12 years of monopoly.

So what this means to generic drug maker is an Opportunity in abundance: The big attraction in terms of market potential for biogenerics however in the midst of thick challenges in terms of massive barriers to entry.

Basic barriers to market entry in biogenerics are much higher than for any small molecule generics such as

¨ High development costs since the investment needed to put a biogeneric through the necessary clinical trials is considerable
¨ Greater time in development (due to required clinical testing)
¨ Quality requirements, as well as demanding and uncertain regulatory approval and not but the least
¨ Intellectual property issues in terms of Patent.

As a result, the situation demands the companies to move beyond typical generic company strengths and develop new skills in biotechnology, manufacturing, clinical trials, regulatory compliance, pharmacovigilance testing and marketing.

The investment needed to put a biogeneric through the necessary clinical trials is considerable and illustrates the great importance of strong financial backing and regulatory expertise.

All in all, generics companies will have to create an entirely new business model for biogenerics: in many ways closer to the branded biotech model.

Industry observers says that only a select bunch of top biogeneric players are expected to make use of this opportunity and have an initial impact on the market due to there present strength and capabilities. Five key players will be Novartis's Sandoz, Teva, BioPartners, BioGenerix a subsidiary of Ratiopharm and Stada through its affiliate Bioceuticals. However, based on the current outstanding success of Indian pharmaceuticals companies on follow on generics we can certainly look forward for Biotech Industries in India joining the race.

Thursday, June 28, 2007

Patent Battles: The Way Ahead

Intellectual property (IP) is a buzz word in today’s knowledge based era. The value of IP is enormous and ever increasing, especially in the field of pharmaceutical industry. Moreover, thanks to computers and internet, which make transfer of information even faster than speed of light. The advent of e-communications has brought everyone on global level and the competition in each filed of technology is fierce.

If we look at various patent related cases, which are filed in all Federal District Courts of USA, we would note that from June 01, 2007 to June 26, 2007, at least 224 new cases have been filed. The number is mind-boggling. Statistically it is approximately 10 new patent related litigations per day! A list of few of these cases, mainly related to Pharmaceutical field is given in Table – 1. By virtue of these litigations, multimillion-dollar molecules such as Oxaliplatin, Depakote are under generic attack. The battle of Sertraline is special as it involves fight of generic companies with each other.


The US generic market is definitely a lucrative option for generic companies and beyond any doubt, the provisions of Hatch-Waxman Act has catalyzed early generic entry. In fact all major life savings drugs have seen an early entry by the provisions of Hatch –Waxman in USA. Further, one should thank to the apex Court of USA, for raising the standard of obviousness in USA recently through a judgment in KSR case.
Therefore, patent battles would continue to drive pharmaceutical market in USA.

Monday, June 25, 2007

Patent Talk

Every one of you out there! interested to know all about Intellectual Property : Especially Patents.

Welcome to this new blog PATENT TALK

This is our first attempt to write Interesting things about patents and hope you would enjoy reading the same

till then wait for OUR first writeup !!!!!!!!!!

We will be there

Nishid & Prashant