An incisive distinction, thanks!! I’d say there’s also the aspect you @oderbie touched on of the (revolving door!) regulators who, for example, permit infinite lots of bites at the apple to extend patents on valuable products rather than permit them to go generic.
I don’t understand why, to create a dumb example, if Drug Company X’s patent on GlobRed is about to expire, they can extend that patent for years by creating GlobGreen with the same active ingredients, only in a different color.
In my world, GlobRed would be available to go generic and Company X would be perfectly fine to create and market GlobGreen at its higher non-generic price—if they CAN—but it can’t prevent the earlier product from going generic.
If there’s anyone around who can explain or describe this better, I (and I’m sure others) would greatly appreciate it!! ![]()
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(I’ll admit I enjoyed plenty of dividends and gains over the decades from my Vanguard Health Care mutual fund holdings, so I can’t deny I’ve benefited from both sides of the subject.)