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Replies to #81374 on Biotech Values
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DewDiligence

07/24/09 3:47 PM

#81375 RE: DragonBits #81374

Re: Common misconception about data exclusivity in Fob legislation

If you lower the rewards, then biotech companies will be focused on only those projects they think have a high likely hood of success, and their ratio of wins to losses will improve and they will quit wasting so much of investors money.

It’s a misconception that the data-exclusivity period specified in pending FoB legislation will strongly affect biotech innovation one way or the other.

Biologics approved by the FDA almost always have a remaining patent life at the time of approval that exceeds the longest data-exclusivity periods being considered by Congress; in other words, data exclusivity will hardly ever be the force that limits competition for a branded biologic unless the patent on the biologic in question is flawed.

p.s. You’re not the only poster on this board to miss this point—drbio did it in #msg-39546041.