(Part 2)
Sorry - this must have come out wrong in my original post. I am not suggesting that drug companies not get ANY new patents. I agree, this would bring research to a screeching halt and is not acceptable. What I am suggesting comes from my talk with people who work for drug companies. Right now, if a brand name manufacturer (Pfizer, Dow, etc.) makes a drug and gets a patent for it, they cannot change the PROCESS by which they make the
same chemical without going through the majority of the “proving” process again (VERY expensive). On the other hand, a generic company has a limited number of tests they have to go through before the generic version comes onto the market (regardless of how they PRODUCE the drug). One argument for this double standard is that brand name companies could get patents for the drug again
just by changing the WAY the drug is made. My plan would be to:
a) guarantee that a brand company would have X full MARKET years on patent (right now, the patent time starts ticking the moment it is issued, often years before the drug hits the market) and make it much more difficult for companies to in-fight with each other about patents (right now the drug companies spend billions on legal battles with each other over patents)
b) NOT issue new patents for change of PROCESS (ie - not issue new patents because a drug company changed the way it makes the drug) BUT allow the brand company to change its PROCESS under the same rules that generic companies can. THUS brand name drugs can be made cheaper if/when technology changes and allows it to be such. This would allow the drug companies to both sell their drugs for less and have a greater profit margin - which they can then funnel back into research.
c) provide some incentives (not clear on how exactly yet) to drug companies to research and produce medicines for diseases that may not provide much other financial incentive (diseases mostly prevalent in 3rd world countries or diseases that affect only a few people - called “orphan diseases”) AND provide incentives for drug companies to manufacture (and sell at an affordable cost cost) “essential medicines” (as defined by WHO) to 3rd world countries
d) change trade laws so that developed countries are not getting significantly cheaper drugs from US drug companies than US citizens
Again - I understand your reasoning here**. I do NOT advocate FORCING drug companies to sell to underdeveloped nations. However, I see a SOCIAL JUSTICE issue in that people cannot get BASIC medical needs met (cannot get basic antibiotics or antimalarials) because they were born in the wrong place. I advocate ENCOURAGING (perhaps financially?, definitely NOT through laws or force) drug companies to HELP (in conjunction with other organizations) provide drugs to these countries at prices that people in these countries can afford. For the most part, most of these essential medicines are fairly inexpensive by our standards (but still too expensive by these countries standards), thus for the most part, it wouldn’t cost that much more to us every day but it would make a HUGE difference in the lives of our underprivileged brothers and sisters.**
I hope that helps clarify what I wrote late at night