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ARTICLE · 03 JUNE 2016

Pharmaceutical Patent, Generic Pharmaceuticals And Bioequivalence

These lower production costs should inure in a price difference but without lowering the product quality so safety and efficacy should have to be guaranteed in favor of the consumer.

PeruIntellectual Property
Barreda Moller
Barreda Moller

The invention patent has a 20-year term, counted from the filing date of the respective application for registration, once it is granted. The patent grants its owner the exclusive right to prevent third parties not having the owner's consent from performing any of the following acts: a) when a product is claimed in the patent: i) manufacture the product; ii) offer for sale, sale or use the product; or import it for any of these purposes; and, b) when a process is claimed in the patent: i) use the process; or ii) perform any of the acts indicated in a) with respect to a product obtained directly by the process.

Nevertheless, once the invention patent protection term has expired, any person is free to manufacture the product and offer it for sale. In the case of pharmaceutical products, the version which copies exactly the original product which patent has expired is the so-called "generic drug" or "multisource drug". It is not a free or unrestricted copy. The copy,

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