[Ip-health] Biogen gets patent extension on MS drug to 2026

Thu Sep 17 00:25:02 2009

http://www.forbes.com/feeds/ap/2009/09/15/business-health-care-us-biogen-patent_6890436.html
Associated Press
Biogen gets patent extension on MS drug to 2026
Associated Press, 09.15.09, 06:16 PM EDT

NEW YORK -- Biogen Idec Inc. has essentially received a 13-year patent
extension on its biggest moneymaker, the multiple sclerosis drug Avonex,
according to a Securities and Exchange Commission filing Tuesday.

Key patents dealing with the production of Avonex are scheduled to
expire in 2013. But in the regulatory filing, Biogen said it has
received a patent for the drug's use in treating a viral condition,
disease, cancer or tumor until September 2026. The so-called method of
use patent also includes the use of Avonex as a multiple sclerosis drug.

Sales of Avonex reached $591.2 million during the most recent quarter.

The company would not say whether this new patent blocks any potential
competitors seeking to bring a generic version of the drug to market
between 2013 and 2026.

The patent win comes as the debate over a pathway for copies of pricey
biotechnology-based drugs continues to work its way through Congress.
Currently, there is no system set up for drug developers to make generic
equivalents of biotechnology-based treatments. Unlike their
chemical-based counterparts, biotech drugs are made using living
organisms, making the production process more complicated than just
copying a formula.

Biotech companies thus far have faced no generic competition and they
are fighting to keep a strong position on the market. In proposal after
proposal, the industry has backed bills seeking up to 14 years of market
exclusivity for any new biotech-based drug, arguing the companies need
that time to recoup costs that went into making the expensive
treatments. Shorter periods, the industry argues, could cut incentives
for companies to invest so much in developing the treatments.

Meanwhile, the generic drug industry has been lobbying for much shorter
periods of market exclusivity and would like any new system to mirror
the current timeline for chemical compounds, currently about 5 years.
Their argument has centered on cost-savings for consumers, though the
savings wouldn't be as large as that seen with copies of chemical-based
drugs.

Biotech-based cancer treatments such as Genentech Inc.'s Avastin can
cost up to $50,000 per year.

--
Sarah Rimmington
Attorney
Essential Action, Access to Medicines Project
Washington, DC
Tel: +1 (202) 387-8030
Cell: +1 (202) 422-2687
www.essentialaction.org/access/