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RISES IN REVENUES FROM THE PATENT TERM ADJUSTMENTS PROVIDED BY Wyeth v. Kappos may be relatively modest, usually extending patents for less than a year. Nevertheless, these extensions can be quite important, particularly for biotech and pharmaceutical companies. That's because patents in these industries are usually most valuable at the end of their terms.

"It takes a long time to get FDA approval [to put products onto the market], so the early part of the patent term is often used up in the approval process," says Raymond Mandra, a partner at Fitzpatrick, Cella, Harper & Scinto. "Then, when you bring the product onto the market, it will typically take time to build up market share. So at the end of the patent term, you generally are selling more of the product than you ever have. This is particularly true of blockbuster pharmaceuticals; their use continually grows through the years."
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Author:Kappos, Wyeth V.
Publication:InsideCounsel
Date:Apr 1, 2010
Words:148
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