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TRIPS agreement (applies to drugs after 1989) gives 20 year protection. Prior to that it was 16 years.

In many jurisdictions, pharmaceutical patents are elegible for patent term extension. For example, in USA, a patentee can get an extension of up to 5 years for a specific product o process (not the full scope of a claim) beyond the 20 year term for an FDA approved product. Variations on such extensions exist in many but not all jurisdictions.

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14y ago
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11y ago

20 years, but due to patents being filed before clinical trials have finished the average amount once on sale is around 8,9 or ten years. (marketing and advertising rights can last longer)

Patents filed in the USA can have a duration that is tied to the date of issue, rather than the date of filing, i.e., 17 from issue, if it is longer than 20 years.

Also, drug patents can be extended day-for-day due to administrative delays in the FDA approvals, thus extending them beyond the normal 20 years (or 17 years). For example, the patent for medicine known as "Lunesta" was extended 760 days beyond the normal expiration date.

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Q: How long does a drug patent last?
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Related questions

How long do drug manufacturers have patent protection?

The life of a patent is 17 years in the United States.


How long will it be before another drug company can patent the new hep drug?

The drug will not be able to be patented again. Once the patent runs out, other companies can manufacture it without paying licensing rights.


How do you get a patent for a drug?

Create a drug that nobody else has made before, then contact the patent office.


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Legal drug by law


How long did Kane Kramer's patent last?

Patents last 20 years. Kramer's patent, US4667088, expired in 2007 but is still cited in new patents.


How long did the patent on the light bulb last?

At the time of the light bulb's invention, the term of protection on a patent was 17 years.


How long does a patent last from 1992?

US patents are for 20 years, so a 1992 patent expired on its issue date in 2012.


When does the drug patent for sitagliptin expire?

2020


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It depends on the drug.


Where did manufacturers get the formula of patent drug to produce generic durg?

When a drug company files for patent protection, it must disclose the formula. Once the patent expires, other companies can use the patent disclosure to obtain the formula to produce a generic version of the drug. Most companies that produce generic drugs are specialists in improving the process for manufacturing the drug to make it as cheap as possible. This requires different kinds of research and business skills than manufacturing and obtaining approval for a completely new drug.


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It could last and continue to be a problem as long as the drug is continued. If the drug is discontinued, constipation will usually resolve within 24-48 hours.


Why does it take 17 years for the FDA to control a patent on a drug?

Patents have nothing to do with the FDA. The 17 year life is given by the US Patent office and dictates how long a drug can be marketed exclusively and without a generic competitor. The 17-year clock starts ticking when the patent is filed which is very early in the development cycle. As the time to approval of a drug is around 10-12 years, the company has only 5-7 years to recoup the enormous investment (close to $1b) costs involved with bringing that drug to market.