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Old 06-04-2013, 01:33 AM
winic1 winic1 is offline
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Join Date: Feb 2011
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winic1 winic1 is offline
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Join Date: Feb 2011
Posts: 295
10 yr Member
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Quote:
Originally Posted by Jo*mar View Post
When patent expires , is that when the generics come into play?
more availability??
Yup. Only the patent holder can legally manufacture and sell the product as long as the patent is in place. Gives them that time to make their profit and recoup the costs of developing it in the first place. They can also license out (sell rights to) their product if they wish, making their profit by having other companies pay to make and sell it.

Once the patent expires, then anyone can copy and sell their own version, which is when the generics appear. The original company will still own the name of the product, so the people who invented Motrin are the only ones who will be able to sell ibuprofen as Motrin, but others can sell it under their own names or under the generic name of ibuprofen. In order to compete for sales, generics will be cheaper than the name brand, that's how you steal your share of the market, undercut the other guy. The more companies putting out a generic version, the more likely the price will come way down, as there are more places competing for the sales. They make their money on volume, not profit margin, plus, they didn't have to do all the research and development work in the first place, saving millions and millions in expenses.

A quick search on the oxycodone patent shows that the patent on the original formulation ended this April. The company still holds patents on several other formulations--delayed release, etc. They had already licensed out the rights to produce generic oxycodone, but those licenses have expired and not been reissued, so what I read said that for now, there is no more generic oxycodone available. The original patent, now being expired, means that other companies can copy and produce that version without paying for the rights to it, but what I read said that that version is the one most easily abused, so that might play into whether other companies would want to get into it, versus waiting several more years for the patents to expire on the better formulations. (Just imagine the lawsuit potential for a company who produces a generic drug known to be easily abused, when there are safer versions around!)

Cheryl, I don't doubt that you are being treated unfairly and improperly over your pain meds, it is not an uncommon story anymore. The pillmill doctors and their drug-seeking patients have ruined it for all of those with legitimate needs, compounded by a government agency who, like most government enforcement agencies, seems to go on the technique of "shoot first, sort'em out later". I also know someone IRL who, while only doing this when in legitimate pain, skips the inconvenience of going through her legitimate PCP and calls a network of friends (one of whom is a doctor, I believe) and they all share whatever spare pills they have to whoever is needing it the most at the moment, all kinds of heavy-duty, highly regulated stuff. (I no longer let her give my daughter rides anywhere. Never know what she might be on at the time, or mixing.) Any legitimate doctor now has to, absolutely has to, be cautious about prescribing these drugs, especially to new patients, or they can bring the full force of the DEA down on themselves, just by appearing to be a little too free with the prescription pad. Not right, but it is the way it is right now. It needs to be fixed, and speaking out is a good start.

I just don't see what the connection between this particular patent and manufacturing/business decisions could have in relation to the gov't finally getting off its overly large backside, and giving patients and doctors so much trouble, which actually has been going on for a while now, not just since April.
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