Marketing Exclusivities for Prescription Drugs

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Summary

This practice note provides a chart showing the parameters of certain non-patent exclusivities for prescription drugs in the United States. These so-called marketing exclusivities are independent of any patents covering the drug or its methods of use, but may run concurrently with patent protection. Note that this practice note does not cover exclusivity periods for biologic drugs under the Biologics Price Competition and Innovation Act of 2009.