18 September 2024 - Amid debate over potential abuse of the US patent system by the pharmaceutical industry, moves by some drug makers to expand their patent claims appear to be delaying the arrival of lower-cost generic medicines to the marketplace, according to a STAT analysis.
At issue are use codes, which are brief descriptions of a type of patent claim that focuses on the specific use of a medicine, or the “method of use” in legal vernacular. Once the FDA approves a medicine, this information is filed in the Orange Book, a key registry that plays a crucial, behind-the-scenes role in sorting out the competitive landscape in the pharmaceutical industry.