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DewDiligence

06/17/11 12:05 AM

#121787 RE: NP1986 #121784

If the composition of matter patent expires, does this essentially mean the molecule becomes generic?

Not necessarily. Some drugs have method-of-use patents that stand up to challenge after the composition-of-matter and formulation patents have expired. Less commonly, a drug can be saved from generic competition by a manufacturing-process patent.