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Patents with an "I" = patients
Alice O Martin1, Sendil K Devadas
1Chicago Office of Barnes & Thornburg, LLP, USA.
Annals of Health Law
|September 29, 2011
Summary
US patent law for pharmaceuticals is too narrow, hindering drug development. Stronger intellectual property rights globally boost investment and innovation, suggesting current patent systems benefit patients.
Area of Science:
- Biotechnology Law
- Pharmaceutical Innovation
- Intellectual Property Rights
Background:
- Current US patent protection for pharmaceuticals is often narrow, difficult to obtain, and short in duration.
- This limited scope may stifle crucial research and development (R&D) for breakthrough medicines.
- Conversely, nations with robust intellectual property (IP) rights and research incentives experience significant foreign direct investment.
Purpose of the Study:
- To analyze the impact of US patent scope on pharmaceutical R&D.
- To evaluate the economic effects of intellectual property rights in other countries.
- To assess the viability of alternatives to current biotechnology patent systems.
Main Methods:
- Analysis of existing patent law and economic data.
- Comparative study of international intellectual property regimes.
- Evaluation of proposed reforms to biotechnology patenting.
Main Results:
- Narrow patent scope in the US potentially hinders pharmaceutical innovation.
- Stronger IP rights correlate with increased foreign direct investment in other nations.
- Alternatives to current biotechnology patents are unlikely to improve drug innovation or development.
Conclusions:
- The current patent system, despite limitations, provides substantial benefits for pharmaceutical innovation.
- Speculative concerns about patents negatively impacting patients are not supported by strong evidence.
- Proposed reforms to the patent system are unlikely to yield greater benefits for patients than the existing framework.
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