Mexican Life-Cycle Insights: Delayed Generic Competition May Become a Reality after Supreme Court's Nexavar Decision

Delayed generic competition may become a reality for up to 23 brand drugs in Mexico after the Supreme Court’s landmark Nexavar decision. With our Mexican Life-Cycle Insights coverage, we have identified a number of patent term adjustment applications and appeals involving pharmaceutical patents that may see their terms extended. In view of the Nexavar decision, due to the Mexican Patent Office’s delay in the examination of applications that issued as patents while the North American Free Trade Agreement was in force, these patent term adjustment applications could extend the expiration dates of these patents until the latter of 20 years from the first filing date of the underlying application or 17 years from the patent’s issuance date.