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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.

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