cpc

pharmaceutical patent


can a bioequivalent drug be sold in the market before the expiry of the patented drug, from which the bio equivalent drug has been derived.

 
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Freelance

It would be extremely difficult to give any opinion based upon so limited information. Assuming that your bioequivalent drug is a generic version of the patented drug, what I can say is you will not be able to market your drug before the expiry of the term of the patented drug.

 

Your question may also be interpreted to mean that your bioequivalent drug is a derivative of patented drug.

 

Please consult a patent attorney giving all the facts, as it might prejudice your interest if you will have to discuss such things openly on a public forum. If this is purely your academic interest, then someone might give you a better advice if all facts are disclosed.

 
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