Please correct me if I'm wrong. I see DCVax-L as one product and Keytruda as another. If DCVax-L is more effective when used in combination with Keytruda, I don't understand why that would extend Keytruda's patents. When it's patent expires, if Generic Keytruda exists, DCVax-L should be equally effective with it.
It would be very different if a new drug were created that combined DCVax-L and Keytruda, that would be one, entirely new product, lets call it DCVax-L-K, but it would require new trials and regulatory approvals.
Once DCVax-L is an approved product, I don't believe the company, or anyone else, can prevent it from being used with other approved products that are readily available to an Oncologist treating a patient. A trial that proves it effective with Keytruda shouldn't prevent a Dr. to choose a competitor Keytruda if they wish.
On the other hand, if Merck developed an improved Keytruda, that could get them patent extensions, but it would no longer be the same drug, it would have to be put through trials, and it would be a new drug. If I'm wrong about this, please explain why to me.
We all know that many new applications have been found for aspirin, I would suspect that Bayer may have been involved with finding many of the new applications, but I don't believe anyone is required to use Bayer's Aspirin in their treatment, though many still do. Costco's drug shelves are loaded with name brand and Kirkland brand products side by side. I've always found Kirkland brand satisfactory, but many people pay far more for the name brand products. Much the same will apply to the likes of Keytruda if a generic form is available, insurance may only pay the price of the generic, but if the consumer is willing to pay the difference, they can get it. It's equally possible that Merck drops the price to the point the generics can't sell at and keeps all the business, though somewhat less profitable to them. I suspect if Bayer wished to price their product below generic prices they could, but instead they attract those willing to pay more for the name brand.
Gary
