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An Empirical Analysis of Primary and Secondary Pharmaceutical Patents in Chile

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  • Abud, María José
  • Hall, Bronwyn
  • Helmers, Christian

Abstract

We analyze the patent filing strategies of foreign pharmaceutical companies in Chile distinguishing between "primary" (active ingredient) and "secondary" patents (patents on modified compounds, formulations, dosages, particular medical uses, etc.). There is prior evidence that secondary patents are used by pharmaceutical originator companies in the U.S. and Europe to extend patent protection on drugs in length and breadth. Using a novel dataset that comprises all drugs registered in Chile between 1991 and 2010 as well as the corresponding patents and trademarks, we find evidence that foreign originator companies pursue similar strategies in Chile. We find a primary to secondary patents ratio of 1:4 at the drug-level, which is comparable to the available evidence for Europe; most secondary patents are filed over several years following the original primary patent and after the protected active ingredient has obtained market approval in Chile. This points toward effective patent term extensions through secondary patents. Secondary patents dominate "older" therapeutic classes like anti-ulcer and anti-depressants. In contrast, newer areas like anti-virals and anti-neoplastics (anti-cancer) have a much larger share of primary patents.

Suggested Citation

  • Abud, María José & Hall, Bronwyn & Helmers, Christian, 2015. "An Empirical Analysis of Primary and Secondary Pharmaceutical Patents in Chile," Department of Economics, Working Paper Series qt9tv8s2rw, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
    • Handle: RePEc:cdl:econwp:qt9tv8s2rw
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    References listed on IDEAS

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    1. Amy Kapczynski & Chan Park & Bhaven Sampat, 2012. "Polymorphs and Prodrugs and Salts (Oh My!): An Empirical Analysis of “Secondary” Pharmaceutical Patents," PLOS ONE, Public Library of Science, vol. 7(12), pages 1-9, December.
    2. Sternitzke, Christian, 2013. "An exploratory analysis of patent fencing in pharmaceuticals: The case of PDE5 inhibitors," Research Policy, Elsevier, vol. 42(2), pages 542-551.
    3. Panle Jia & Pinelopi K. Goldberg & Shubham Chaudhuri, 2006. "Estimating the Effects of Global Patent Protection in Pharmaceuticals: A Case Study of Quinolones in India," American Economic Review, American Economic Association, vol. 96(5), pages 1477-1514, December.
    4. Maria Jose Abud & Carsten Fink & Bronwyn Hall & Christian Helmers, 2013. "The use of intellectual property in Chile," WIPO Economic Research Working Papers 11, World Intellectual Property Organization - Economics and Statistics Division.
    5. Pinelopi Koujianou Goldberg, 2010. "Alfred Marshall Lecture Intellectual Property Rights Protection in Developing Countries: The Case of Pharmaceuticals," Journal of the European Economic Association, MIT Press, vol. 8(2-3), pages 326-353, 04-05.
    6. Hemphill, C. Scott & Sampat, Bhaven N., 2012. "Evergreening, patent challenges, and effective market life in pharmaceuticals," Journal of Health Economics, Elsevier, vol. 31(2), pages 327-339.
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    Cited by:

    1. Anckaert, Paul-Emmanuel, 2025. "When the drugs (don’t) work: The role of science in product commercialization," Research Policy, Elsevier, vol. 54(5).
    2. Sampat, Bhaven N. & Shadlen, Kenneth C., 2017. "Secondary pharmaceutical patenting: A global perspective," Research Policy, Elsevier, vol. 46(3), pages 693-707.
    3. Minyoung Kim & Curba Morris Lampert & Raja Roy, 2020. "Regionalization of R&D activities: (Dis)economies of interdependence and inventive performance," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 51(7), pages 1054-1075, September.
    4. Luis Gil Abinader, 2020. "Pharmaceutical patent examination outcomes in the Dominican Republic," Journal of International Business Policy, Palgrave Macmillan, vol. 3(4), pages 385-407, December.
    5. Fabian Gaessler & Stefan Wagner, 2022. "Patents, Data Exclusivity, and the Development of New Drugs," The Review of Economics and Statistics, MIT Press, vol. 104(3), pages 571-586, May.
    6. Pinto, Pablo E. & Vallone, Andres & Honores, Guillermo, 2019. "The structure of collaboration networks: Findings from three decades of co-invention patents in Chile," Journal of Informetrics, Elsevier, vol. 13(4).

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    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • L5 - Industrial Organization - - Regulation and Industrial Policy
    • L65 - Industrial Organization - - Industry Studies: Manufacturing - - - Chemicals; Rubber; Drugs; Biotechnology; Plastics
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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