Patent race-like competition in drug lifecycle management (WITHDRAWN)

Abstract

In patent races, competing firms conduct R&D and file patents in order to hinder market entry by competitors. Despite a vast body of theoretical work on patent races, there is a lack of empirical evidence. This paper makes a first attempt to identify patent races in pharmaceuticals. The dataset relies on drug lifecycle management activities within a class of drugs where firms strive to expand patent protection into niche markets by filing additional indications for their substances. Therefore, the competitive dynamics of filing such additional indications were studied. Although some cases could be found were firms were neck-and-neck (as proposed in the theoretical literature), the patents coming first did not no prevent granting of the later patents. The results contribute to both the literature on patent races and optimal patent breadth.