Patent Vs Data protection
Data protection will most likely expire before marketing excluvisity. Generics can begin being made but can’t be marketed until it’s over
Types of Patent
Composition, Synthesis and Use. MAH can have all but often will have to negotiate with other companies for permission
Composition Patent Outline
Compound structure (chemical shape)
Synthesis Patent Outline
Chemical synthesis steps are patented
Use Patent Outline
Covers clinical use of a compound (therapeutic target)
Supplementary Protection Certificates
Adds 5 years of commercial patent protection
EMA Data Excluvisity
8 (no generic applications filed) + 2 (data can be used to create generics but applications can’t be filed) + 1 (if originator has new indication)
Generic Outline
Originator reaches end of patent. Manufacturers can produce bio-physically identical drugs that need pharmacology but not therapeutic conformity studies
New Drug Application (NDA) Outline
Dossier submitted to FDA supporting novel drug approval process
Abbreviated New Drug Application (ANDA) Outline
Application for generic drug that is supplemented by original NDA
Hatch-Waxman Act (Drug Price Competition & Patent Restoration) Outline [US, 1984]
Encourages more ANDAs by providing incentives. Safe harbour, centralised ANDA path, provides 6 months exclusivity for 1st generic to market. Orange book (innovator benefits too: data exclusivity & extend patent)
FDA Orange Book (Approved Drug Products w/ Therapeutic Equivalence Evaluations)
Lists all drugs that have been approved (safety & efficacy data). Lists patents to cover drugs
4 ANDA Hatch-Waxman Application Routes
No pre-existing patents, Patent expiry, Waiting patent expiry and Invalid patents
4 Types of Generics
Authorised, Branded, Unbranded and Super
Authorised Genetics Outline
Innovator manufactured under original NDA. Can be sold before expiry, typically still expensive
Branded Generic Outline
Approved under ANDA and marketed under trade name
Unbranded Generic Outline
Approved under ANDA. Cheapest generic
Super generics Outline
Same API but innovates formulation (eg dosage). Called Hybrid (EMA) or Complex (FDA)
Bioequivilance Outline
No significant difference in API or active moiety. Demonstrated by comparing Cmax and AUC between 2 products (in crossover study). CI range should fall within 0.8-1.25 (exception highly variable drug)
Highly Variable Drugs Outline
Drug’s intra-individual variation in 90% CI of >30%. CI range extended to 0.75-1.33. Assumes no significance for increased Cmax
Therapeutic Index Calc
LD50/ED50 or TD50/ED50.> LD50 & <ED50 = narrow therapeutic index (less safe). <LD50 & >ED50 broader therapeutic index (more safe)
Narrow Therapeutic Index
Therapeutic Index < 2. Unsafe
Pharmaceutical Alternative Outline
Contain same active moiety as originator but differ in chemical form (salt/ester/ect) of API/Dosage form/Dosing (2 different salt forms are pharmaceutical alternatives)
Pharmaceutical Equivalents Outline
Contain same APIs, dosage form and admin route with identical doses (can have different excipients)