The patent system reminds me of an airplane going down, but whenever I read statements like "Medical Patents Must Die" I remember that nobody has a solution to make it fly again. The captain might be wrong, but the first officer doesn't know how to fix it (which is a fundamental step of communicating concerns inside the cockpit - see http://en.wikipedia.org/wiki/Crew_resource_management#Commun... ). We don't know eno…
The article is not talking about drug patents. It is talking about a current case which will decide whether or not to allow patents on medical treatment, even when the patents on the drugs have expired. The patent in question in the case regards a method for adjusting the dose of a drug. Medicine has done without these patents until now. Ars Technica had an article about this the other day, which I thought was more c…
Medical Patents Must Die
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Re: Medical Patents Must Die
#12If the troublesome patent goes away, you can rest assured that something equally as troubling will almost immediately fill the void. Until we live in a world where something else is more important, we can't have nice things.
Re: Medical Patents Must Die
#13For a moment, let's apply the realities of "medical innovation" (researchers across private and public fields) to internet innovation. Imagine that every app you published took four years and $100M to get to a testable product. Keep in mind, this is still unusable. You go out and spend millions more testing it on "fake users" (animals). If this works, you need to go raise hundreds of millions more to test it on your first batch of real users... then a second... then a third.
Billions of dollars later, you realize that your app doesn't work as it was intended. You've just spent 6 years and billions of dollars figuring that out. There is no fail fast, in this world.
Lets say your product actually makes it to market. Congrats, now you need to compete against copy cat app developers who can replicate your app at a fraction of the price. How do you defend yourself? Innovative marketing? Large email list? Good SEO? SEM? None of that works in medicine, because the switching costs are positive for a patient.
This is why we need patents. Without them we would see a significant reduction in medical innovation. When markets don't create enough risk-adjusted incentives to promote innovation, the government must step in to create those incentives. I'm not saying our system is perfect, but it's better than nothing (at least in medicine).
I spent a long time working on a medical startup and it's orders of magnitude more complex than most of the apps we see celebrated in our hacker community. I would bet that the typical FDA application is longer than the entire printed code base of most web apps.
Re: Medical Patents Must Die
#14The patent system reminds me of an airplane going down, but whenever I read statements like "Medical Patents Must Die" I remember that nobody has a solution to make it fly again. The captain might be wrong, but the first officer doesn't know how to fix it (which is a fundamental step of communicating concerns inside the cockpit - see http://en.wikipedia.org/wiki/Crew_resource_management#Commun... ). We don't know eno…
Whatever reasons about money, investment or other perfectly valid reason you bring up while advocating medical patents: No one on earth should be KEPT FROM SAVING SOMEONE ELSE'S LIFE. That always trumps any endeavor to make a company or ultimately a single person richer.
Re: Medical Patents Must Die
#15Re: Medical Patents Must Die
#16Re: Medical Patents Must Die
#17The patent system reminds me of an airplane going down, but whenever I read statements like "Medical Patents Must Die" I remember that nobody has a solution to make it fly again. The captain might be wrong, but the first officer doesn't know how to fix it (which is a fundamental step of communicating concerns inside the cockpit - see http://en.wikipedia.org/wiki/Crew_resource_management#Commun... ). We don't know eno…
The whole thing seems to be a bit far from "Hacker News" though. What's the link - the patent system?
Re: Medical Patents Must Die
#18If a discovery is made about the correlation between a measurement of something NATURAL in the body, and a dosage of a drug that should be administered, or between the dosage that is administered, and the effect is has on the body, this is MEDICAL KNOWLEDGE. THIS IS SCIENCE. It is not a patentable thing, because doctors cannot dispossess themselves of this knowledge once being told it. They are always able to USE THE KNOWLEDGE IN THEIR HEAD when treating a patient.
Therefore, this development seems to me to be atrocious, as it represents the first step in patenting KNOWLEDGE of natural phenomena.
IP law wants to encourage creativity by giving exclusive monopoly rights in creations, but at the same time BALANCE it with giving the public the freest possible access to the results. This is now being attacked at every turn. MPAA, RIAA are lobbying for SOPA and PIPA. Copyright lengths are still being extended. And now, new forms of patents are being considered. If these come to pass, I am afraid for freedom in America -- we will get the great firewall of China -- and all because of IP.
http://www.techdirt.com/articles/20111208/14521817014/mpaa-b...
Re: Medical Patents Must Die
#19This specific example definitely feels like an abuse of the patent system. However, the rest of this article relies on weak connections and examples from other industries to argue that medical patents must die. If medical patents die, medical innovation dies. For a moment, let's apply the realities of "medical innovation" (researchers across private and public fields) to internet innovation. Imagine that every app yo…
You could even allow retrospective patents on some orphan drugs, if a company is willing to invest in testing it.
Most people think it's fine to patent stuff to cover the costs of bringing a new drug to the market.