New drugs require a huge amount of innovation, time, capital and
risk to get to market. Nobody should begrudge a drug company for
seeking strong patent protection. Without it, generic drug copies
would quickly flood the market, and the original drug manufacturer
would lose money and go out of business. Patents help ensure that
innovators thrive, so we get more of the R&D that is necessary
to develop future drugs. Once the patents on a drug expire, the
drug is public domain and any generic company is free to make its
own version (subject to regulatory exclusivities, which will not be
discussed here).
There is rarely a single patent on a new blockbuster drug. The
initial patent will often focus on the drug compound itself,
methods of manufacture and the known medical uses. Improvements are
then captured, such as formulations that may provide greater
stability or desired drug delivery properties. Combinations with
other drugs may be made that provide better clinical
