Anasazi23 said:
So in this case, a company that wants to make a generic of a popular drug can do so, as long as the pharmacokinetics and dynamics are exactly the same?
I guess that if that is true, then the company must conduct clinical trials to prove its efficacy and bioequivalence...which would in theory not be worth the money since it wasn't the brand?
i.e. If my lab can make the exact same drug as brand X, with complete bioequivalence, and prove it....the patent doesn't mean anything?
I'm sure this is way more information than you ever wanted to know about pharmacy, but your patients might ask....so here is the answer:
There are "patents" & there is "exclusivity" - they work similarly, but are distinct from each other. Patents are granted by the patent & trademark office & can occur anywhere along the development lifeline of a drug (there are far, far more patents on chemicals which might become drugs than there are on marketed drugs) & they can encompass a wide range of claims. Remember - a patent is for a chemical which is related to a claim - propranolol lowers blood pressure - not for the chemical itself, especially if it has to be "tweaked" to make it more physiologically compatible (hence - the proton pump inhibitors.....Prilosec & Nexium - the closest first cousins you'll ever meet.)
Exclusivity is the exclusive marketing rights which is granted by the FDA upon approval of a drug & can run concurrently with a patent or not. Exclusivity is a statutory provision & is granted to an NDA (new drug application). Exclusivity was designed to promote a balance between new drug innovation & generic drug competition (the Waman-Hatch Act in 1984).
A patent for drugs expire 20 years from the date of filing (remember - filing - this could have been when the scientists first felt a chemical had a possibility).
Exclusivity is granted for:
7 years for orphan drugs
5 years for a new chemical
6 months can be added to exclusivity if a pediatric designation is met
there are other exceptions which can go on and on and on......
Patents can expire before drug approval, can be issued after drug approval & anywhere in between. Exclusivity is granted upon approval of a drug product if certain criteria is met. Some drugs have both patent & exclusivity protection while others can have just one or none (ie - the dual marketing of the same drug - Zestril & Prinivil both came out at the same time). Exclusivity is not added to the patent life.
For an NDA - a new drug application - this is an expensive process. The company must not only prove the chemical efficacy, it must also prove safety, do kinetic & dynamic testing, stability testing & some must have studies which show all the same information in the extreme ages - pediatrics & geriatrics if there is any possibilty the drug may have a use there. Clinical trials take years & years - there are 4 levels - 2 with animals which simulate the human physiology (the animal can change - it depends upon the drug tested) & 2 with humans. The length of time it takes to start development on a drug & actually bring it to market can be 20+ years (research started on propranolol in the 50's - the patent expired in 1966 - the researcher for this drug won the Nobel prize in 1988).
When a company wants to maket a generic of a currently approved drug they submit an ANDA - an abbreviated new drug application. Generic drugs are "abbreviated" because they are not required to include preclinical (animal) & clinical (human) data to establish safety & efficacy. Instead, they must scientifically demonstrate their product is bioequivalent (performs in the same manner as the innovator drug). The generic must be shown to be comparable to the innovator in dosage form, strength, route of administration, quality, performance characteristics & intended use. All generics are linked to their brand name counterpart (ie not all levothyroxine products are bioequivalent. Some are bioequivalent to Levoxyl & some are bioequivalent to Synthroid. It is our job to keep the patient with the same bioequivalent product).
When a company applies for an ANDA to market a generic product, at the same time, the brand name company can apply for up to five additonal years longer patent protection to make up for lost time while their products were going thru the FDA approval process. This worked for Claritin - those years allowed them to obtain approval to market loratidine OTC & be exclusive for about 10 months while the generic rx market was being invaded by generic manufacturers. The end result of that was......insurance companies decided they didn't want to pay for something the pt could buy without an rx, so loratidine is rarely covered by insurance - took the starch right out of the generic & brand market. But......Claritin bought themselves some "name recognition" time while they were the first on the OTC market.
So.....again....business - all business. Back to the original question - if I were to be asked & there were no extenuating circumstances (a big "if" right there!) .....start with the generic citalopram. If you see a side effect or do not see the therapeutic effect you are seeking...then it might be worth the change to the Lexapro. It really doesn't matter how much better you think the drug might be for the pt - it the pt's insurance won't pay for it & they can't afford it - they won't take it. That has been shown in study after study!
In drugs - the money part is a big, big issue - unfortunately!
More than you wanted to know - right
😉 ?