Evolving brand-name and generic drug competition may warrant a revision of the Hatch-Waxman Act.

Journal Article (Journal Article)

The evolution of pharmaceutical competition since Congress passed the Hatch-Waxman Act in 1984 raises questions about whether the act's intended balance of incentives for cost savings and continued innovation has been achieved. Generic drug usage and challenges to brand-name drugs' patents have increased markedly, resulting in greatly increased cost savings but also potentially reduced incentives for innovators. Congress should review whether Hatch-Waxman is achieving its intended purpose of balancing incentives for generics and innovation. It also should consider whether the law should be amended so that some of its provisions are brought more in line with recently enacted legislation governing approval of so-called biosimilars, or the corollary for biologics of generic competition for small-molecule drugs.

Full Text

Duke Authors

Cited Authors

  • Grabowski, HG; Kyle, M; Mortimer, R; Long, G; Kirson, N

Published Date

  • November 2011

Published In

Volume / Issue

  • 30 / 11

Start / End Page

  • 2157 - 2166

PubMed ID

  • 22068409

Electronic International Standard Serial Number (EISSN)

  • 1544-5208

International Standard Serial Number (ISSN)

  • 0278-2715

Digital Object Identifier (DOI)

  • 10.1377/hlthaff.2010.0270


  • eng