S. Sean Tu (West Virginia University College of Law; Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital; Georgetown University - The O'Neill Institute for National and Global Health Law) & Ameet Sarpatwari (Harvard Medical School; Brigham and Women's Hospital) have posted A 'Method of Use' to Prevent Generic and Biosimilar Market Entry (New England Journal of Medicine, Vol. 388, p. 483-485) on SSRN. Here is the abstract:
Brand drug manufacturers use large numbers of patents directed towards the same products creating "patent thickets" to delay or deter generic drug entry. In this Perspective, Dr. Tu and Dr. Sarpatwari show that over the past two decades drug companies have been increasing the intensity of patenting. Additionally, the authors show that many of these patent thickets are comprised of less innovated "method of use" patents.
