If the new drug is just a slightly modified molecule of the original drug it is a new drug and must obtain its status as a new drug with all the clinical trials. Thus they obtain a new patent. The original drug is off patent and can be copied as a generic. This is okay and good. The drugs I take today cost just a few dollars each a month. Years ago they would have been very expensive. Mine are all generic.
One of the real problems with generics is companies will buy the generic manufactures and obtain a monopoly and increase prices beyond belief.
New and novel drugs are expensive as hell and they should be. The profit motive is what makes those in drug research pursue new medications and treatments. Capitalism works! If not for the profit motive these new drugs would never be discovered.
ps
As a young child I almost died due to acute kidney failure. I was save by what at that time was a new drug, in the sulfonamide class. Capitalism saved my life.
cpdiii clinical pharmacist
If the company spends time/money for a new patent, then they should get one. If the original formulation is available for generic production, I think it’s fair. Unless people want govt to take over R&D for drug development. In that case we would end up with more drugs of abuse than drugs of benefit. Everything they touch turns to crap.
They should streamline the FDA process so that it will be less expensive to make or alter a drug, thus making the continuation of the monopoly less expensive for consumers.