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by thewataccount 1054 days ago
> Because the old product is no longer on the market, the FDA will not approve a generic. Even though the exact same product /was/ on the market.

This isn't the case, it doesn't need to still be on the market.

However if the approved product was produced with chemicals that are now banned (or the approved drug itself was banned) - then you _can't_ make a generic because you would have to use a banned chemical to do it.

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Similar shenanigans to prevent generics include slightly modifying existing generics like ketamine for example, before getting it approved for depression treatment. You cannot patent ketamine for depression, so you can slightly modify it and patent that instead.