Drug Companies Try and Stall the Release of Generic Drugs

Add comment July 11th, 2007

As a patent is about to expire, generic drug makers can request approval for their drug if it is a bioequivalent of the patented version. The brand-name companies obviously do not want the generic drugs to be approved because they will lose money.

One way companies have found to delay the release of generic drugs is through “citizen petitions”. These petitions allow anyone to express safety concerns about a drug and request that their information be further investigated.

The brand-name companies generally file the petitions to look over when the brand-name drug is set to expire, which is when the generic companies are seeking approval. No petition that was filed on the eve of a generics’ approval has been approved. During one dispute , U.S. magistrate Judge Rosalyn Chapman said to one drug company about it’s petition, “This is all about money…Maybe they think I think it’s about safety, but I think it’s all about money.”

If the company is successful in delaying the release of the generic drug for only a few months, the drug company has still made millions of dollars from exclusive sales of their drug.