Whether or not the correlation is obvious is not the point. There is a long-standing doctrine that SCIENTIFIC DISCOVERIES ABOUT NATURAL LAWS AND PROCESSES should not be patentable. If 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 Patents Must Die
31–38 of 38 posts
Re: Medical Patents Must Die
#32Earlier quoted context omitted.
Well, the issue is simply that testing (to FDA standards) is expensive. You could either have the FDA fund all testing, or just allow patents on well tested products. 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.
Letting the FDA fund clinical trials could create conflicts of interest. I think it would be more beneficial if the FDA started conducting long term efficacy studies to determine if newer treatments outperform older, lower cost options.
Re: Medical Patents Must Die
#33Whether or not the correlation is obvious is not the point. There is a long-standing doctrine that SCIENTIFIC DISCOVERIES ABOUT NATURAL LAWS AND PROCESSES should not be patentable. If 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…
How is the action of manufactured drug more natural a process than a cotton gin ginning cotton?
Re: Medical Patents Must Die
#34Whether or not the correlation is obvious is not the point. There is a long-standing doctrine that SCIENTIFIC DISCOVERIES ABOUT NATURAL LAWS AND PROCESSES should not be patentable. If 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…
How is the action of manufactured drug more natural a process than a cotton gin ginning cotton?
With drugs, you should only be able to patent the design of the drug itself, and probably also the method of synthesizing the drug. You should not be able to patent the idea of using aspirin to treat headaches.
Re: Medical Patents Must Die
#35Whether or not the correlation is obvious is not the point. There is a long-standing doctrine that SCIENTIFIC DISCOVERIES ABOUT NATURAL LAWS AND PROCESSES should not be patentable. If 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…
How is the action of manufactured drug more natural a process than a cotton gin ginning cotton?
Re: Medical Patents Must Die
#36This 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…
Well, the issue is simply that testing (to FDA standards) is expensive. You could either have the FDA fund all testing, or just allow patents on well tested products. 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.
They peg the cost of bringing a new drug to market at about $800m on average. It's a roughly 40%/60% split between pre-clinical and clinical phases. So even without any testing at all you're still looking at several hundred million dollars of expenditures. And testing at a lower standard than the FDA currently requires can only save you so much. The paper shows that about 50% of the clinical costs are just from the cost of capital (having expensive capital lying around while waiting to go through testing). It's hard to imagine any practical sort of testing that doesn't incur these costs, even if you deviate from FDA standards and involve less patients, etc.
Also, you have to look at the cost avoided through rigorous testing. Human lives are expensive, purely from an economic standpoint. Say the average 50 year-old makes about $50k/year and has another 15 working years. That's about $750k in income alone. Since an employer would never hire someone that wasn't worth at least their salary, the economic value of the worker is probably well over $1m.
Now you have a study here about a new cholesterol drug: http://www.npr.org/templates/story/story.php?storyId=6577591. On a test of 15,000 people, with half taking the new drug and half taking Lipitor, the new drug resulted in 60% more deaths, or about 0.41% as a fraction of the overall test group. And this was a drug already deep into human trials.
Now, consider that a popular drug like is prescribed to tens of millions of people. What is 0.41% of 10 million? About 41,000. At $1m a pop, that's $41 billion.
Now, I'm just throwing some numbers around. The point is that even extremely small variations in the effectiveness of drugs can have huge economic impacts when you consider how widely prescribed these drugs are (to a demographic, I might add, that's often at the peak of their earning power). And there is just no way the market would be able to uncover this information without rigorous clinical testing. A 0.4% difference in efficacy can have billions of dollars in impacts, but if you're talking about a sample group where 2-3% might die in a given sample period anyway, nobody would ever know about that difference.
Re: Medical Patents Must Die
#37All patents must die. After some time. Creators and investors are entitled to their money, their inventions must be protected somehow. That's all right. But not forever for god's sakes. Let's make it 5-15 years depending on the industry or something else. So much it's enough time to make fortune. But not so much that you can troll with that patent after half of the century. Even though the investors are paid and inve…
Re: Medical Patents Must Die
#38Earlier quoted context omitted.
As much as I understand your argumentation from your first post, the author has a point. 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.
>> 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. It's not about richness, it's about resource allocation. What you're describing is idealistic but not at all applicable in real life. There are always situations and treatments that might prolong a person's life with X% for Y USD. What if X=0.01%, Y=500'000 USD (i.…
The relevant situation is one where a treatment is readily available (no assumptions about cost are being made) but covered by a patent, thus keeping the doc from using it because someone legally (= on paper) keeps the doc from using the treatment method.
And yes, patents are about money and property rights and richness. Not about treatment cost.