Hatch-Waxman exacerbated the issue, not solve it

As this Note has demonstrated, patent law in the pharmaceutical space presents unique challenges. Interactions between patent terms, the FDA, the drug development process, and the need for quality medical solutions create a complex dynamic which leads to uncertainty. This uncertainty makes it difficult to discern between solutions which might be effective, and solutions which will spawn new challenges where they so intently sought to eliminate old ones. Although Hatch-Waxman was a success in many ways, in other ways it has proven to frustrate the purposes behind its enactment. The suggestions presented here are a sound starting point for alleviating some of the burden plaguing the pharmaceutical market due to the misuse and misapplication of the patent laws. While there is no simple way forward, “it is imperative that the law regulating pharmaceuticals be vigilantly analyzed.”188 It can “literally be a matter of life and death.”189