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Examples
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A 1984 law called the Hatch-Waxman Act created a streamlined approval pathway that uses blood tests to prove the generic is equivalent to the brand, rather than full clinical trials.
Forbes.com: News Forbes 2011
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But not all patents are equally strong or valid, and Hatch-Waxman encourages generic companies to sue to bust the patents before the 14-year window is opened.
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Teva was perfectly poised to take advantage of the U.S. Hatch-Waxman Act of 1984, which allowed the sale of a generic drug if its manufacturer could prove that it was chemically equivalent to the original drug and broke no patents.
Former Test-Tube Washer Built Generic-Drug Maker Teva Stephen Miller 2011
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Perhaps Congress could resolve this with tweaks to Hatch-Waxman, but Congress rarely tweaks.
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But keep in mind that reverse settlements occur prior to a patent's expiration date under the terms of the 1984 Hatch-Waxman law.
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Without the FTC's efforts to stop pay for delay, consumers would likely lose all the benefits from generic entry intended by the Hatch-Waxman Act. Michael A. Salinger
'Pay for Delay' Can 2010
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In addition to patent protection, Hatch-Waxman allows a period of data exclusivity, during which a drug innovator maintains proprietary access to data that led to the approval of its drug, before that data has to be made available to generic imitators.
Pat Choate: Biologics: The Case for 13 or More Years of Data Exclusivity 2010
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To understand how these settlements work, we need to review the Hatch-Waxman Act of 1984, which lowered the regulatory barriers preventing generic drug producers from entering pharmaceutical markets.
Pay-For-Delay Or Pay-For-Innovation? Anup Malani 2010
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Initially, generic competitors used the Hatch-Waxman Act to enter drug markets only after an innovator's patent naturally expired, on average 12 years after Food and Drug Administration approval.
Pay-For-Delay Or Pay-For-Innovation? Anup Malani 2010
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Since the passage of the Hatch-Waxman Act in 1984, policymakers have given innovative drug manufacturers an extended period of time during which they are the sole manufacturer of a product, so they can earn back their investment and generate a return to spur further innovation.
Pat Choate: Biologics: The Case for 13 or More Years of Data Exclusivity 2010
vanishedone commented on the word Hatch-Waxman
For when you need your hatch professionally waxed.
November 18, 2009