Second Generation Pharma Patents

January 22, 2007

THE ENACTMENT of the Hatch-Waxman Act attempted to strike a balance between what seemed to be irreconcilable competing interests. Congress recognized the need to accelerate entry of inexpensive generic drugs into the marketplace, while encouraging branded pharmaceutical companies to make the investments necessary to develop new and innovative drug products. 149 Cong. Rec. S15582, S15584 (Nov. 25, 2003) (remarks of Sen. Kennedy, Medicare Prescription Drug, Improvement, and Modernization Act of 2003).

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