Journal Articles
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Fixing the Hatch-Waxman Imbalance: A Proposed Solution to the Problem Created by Inter Partes Review
The Hatch-Waxman Act, enacted by Congress in 1984, significantly changed the landscape of the pharmaceutical drug market.
By giving generic manufacturers a faster pathway to market entry while providing brand name drug companies with additional periods of market exclusivity on their patented drugs, Congress struck a balance between the competing interests of both parties.
Recently, the enactment of the America Invents Act, along with the corresponding initiation of inter partes review, has disrupted this Hatch-Waxman balance of interests by providing generic manufacturers a faster pathway to market entry.
This Note will review currently proposed solutions to the issue while recommending its solution.