The patent system must encourage innovation, but some pharmaceutical manufacturers use this. Object it Instead.
Drug development is A Long and expensive For drugs that never do marketing (and most of them are not). In the case of the product performed, the patent provides a specific market monopoly to the manufacturer. number Over the years, biosimilars and generics are not sold. This monopoly is considered the basis of drug innovation. Very favorable And designed compensation A company that risks resources to develop new drugs.
However, there is evidence of some pharmaceutical manufacturers. game System by expanding these exclusive profits. In the last 20 years, some general tactics have emerged.
One PatentedThis is to create a overlapping patent network for a drug and crow the market. Without the actual change, the manufacturer patents the other part of the drug at another time to extend the overall life of intellectual property. For example, Humira has more 130 unique patents And about 90 %of them have been submitted. ~ Later The drug was already in the market and became a big monopoly barrier to competition.
Another tactic evergreenA delay strategy that slightly modifys some aspects of the existing drug and then patents these changes. The monopoly control period of the manufacturer has now expanded beyond the original patent window. This is a popular approach to everyone. Patent approval More than 3/4 of the agent between 2005 and 2015 was about existing drugs.
finally, Product hopping After the manufacturer changes the drug slightly, Convert the consumer base In a new version before competitors have the opportunity to create a common thing about the original version. Thankfully, the Federal Trade Commission (FTC) and the court have Enforcement In the past few years, the prevalence of future product hopping is uncertain.
Pharmaceutical manufacturers are rewarded with this strategy, but they have significant costs for patients.
The most obvious is real Health care. In summary, these tactics significantly delay the entry of general (or biosimilars) to force the patient to use more expensive branded drugs. This is huge because generic has reduced health care. 1 trillion cost Over the last decade.
Taxpayers are also paid. Best of all, they publishes legislation to investigate patent abuse of drug manufacturers. Second, their taxes are partially paid to the drug. Development cost -It with some Fightingbut Reach farinfluence. Combination with some Highest price Taxpayers in the world for prescription drugs “Pay twiceFor drugs, pay 3, 4 or 5.
Meanwhile, more hidden costs lose innovation.
One patent game prevents general drug development. Even with Boehringer Ingelheim, even the largest company feels this arrangement Employees who failed to bring Humira Generic to the market due to Humira ‘ Patented.
Also, patent games contribute to A Hostile For smaller biotechnology new companies, we are going to enter the market. The new company is facing Huge barrier When they start, the general creation provides a way to generate profits while trying to develop the next blockbuster. Patent obstacles worsen these challenges. Biotechnology bankruptcy 10 years peak last year.
Luckily, the government has become more and more aware of these problems and began to solve the problem.
at last yearFTC challenge Effectiveness of more than 400 patents for weight loss drugs, inhalers and other medical devices. Food Pharmacy and US Patent Office cooperation Simplify patent review and dispute process.
Still, the progress is slow. The FTC’s patent task was a limited success last year. 30% I only received legal response as a challenge task. decimal The patent has been removed. But the work is increaseThe Federal Office is laying the foundation for more powerful patent measures in the future.
Legally parliament is A law This allows you to investigate the trivial drug modification by creating more stringent standards for patent expansion. This helps federal agencies to reduce patent games by rejecting patents that do not provide meaningful innovation in the public.
You can also do parliament Increase your payment Details It is cost efficient Drugs that encourage innovation. For example, financing can focus on developing drugs that treat or prevent diseases rather than indefinitely treated patients. If you succeed here, you do not have to pay for the financial and medical expenses of the patient and insurance company.
In short, the goal of the future policy to solve patent abuse is to expand competition, increase the value of innovation, and lower the cost of drugs. The government already has a tool to do that. Encourage innovation in profit -oriented patent manipulation will lead to a more sustainable and equitable medical system.
The study of this work was supported by Arnold Ventures.
