PATENTS, DATA EXCLUSIVITY, AND THE DEVELOPMENT OF NEW DRUGS

Fabian Gaessler, Stefan Wagner

Research output: Contribution to journalArticlepeer-review

5 Scopus citations

Abstract

Pharmaceutical firms enjoy market exclusivity for new drugs from concurrent patent protection and exclusivity of the clinical trials data submitted for market approval. Patent invalidation during drug development renders data exclusivity the sole source of protection and shifts the period of market exclusivity. In instrumental variables regressions, we quantify the effect of a one-year reduction in expected market exclusivity on the likelihood of drug commercialization. The effect is largely driven by patent invalidations early in the drug development process and by the responses of large originators. We provide estimates of the responsiveness of R&D investments to market exclusivity expectations.

Original languageEnglish
Pages (from-to)571-586
Number of pages16
JournalReview of Economics and Statistics
Volume104
Issue number3
DOIs
StatePublished - 9 May 2022
Externally publishedYes

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