The Rise of Continuation Patents in Pharmaceutical Companies

A continuation patent allows the applicant to pursue claims based on the same specification and drawings as previously filed in the pending parent application. In the case of pharmaceutical companies, continuation patents can prevent competition by increasing uncertainty for generic drug manufacturers. The analysis published in JAMA found that between 2000 and 2015, the Food and Drug Administration approved 1,421 brand-name drugs. And manufacturers listed with the FDA nearly 4,000 distinct patents on these drugs through 2021,. With 2,110 or 53% being original patents and 1,857 or 47% were continuation patents.