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TheOldBarn

Good article in The American Prospect about patent protection

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One of the things that caught my eye in this otherwise wonderfully educational piece https://prospect.org/day-one-agenda/force-drug-companies-to-lower-prices/ was the idea of selective use of a law that allows for in essence the use of public domain legislation regarding over charging for needed expensive drugs. 

“It’s crazy that it’s this paper tiger that’s never really been used,” said Jay Thomas of Georgetown Law, who wrote an analysis of march-in rights for the Congressional Research Service. “It’s just kind of sitting there moribund.” As Thomas outlined, while Section 1498 applies to any patented drug, march-in rights apply only to patents born directly out of publicly funded research. This translates into around 25 percent of important medicines, Dr. Arti Rai of Duke Law told me by phone. March-in rights also pose serious timing obstacles, since the government could only license the drug in question for manufacture after the end of a potentially years-long appeals process.

Still, Thomas believes, breaking precedent and using march-in rights could spook drug companies into better practices: “It would be something good to use once,” he said, “because then the next time the VA says, ‘We’d like to pay this much per pill,’ the drug company will go, ‘OK! Because otherwise, we’ll get marched in!’”

 

The problem is that if you depend on rich investors for drug discovery, it means that they will invest for large profits, even knowing the risk. That's how the market works, or doesn't really work. 

 

It would be much better to foot the bill of drug discovery through taxation and funding of the NIH. We should share the knowledge of drug discovery. All drugs should be produced as generic. We also need tight guidelines for generic pharmaceutical corps. This allows biochemist, and all the scientist to make a decent living working to solve health issues together, everywhere, all around the world. It only makes sense.

 

Peace!

 

 

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Way back when,

America had the best telephone system in the world,

BECAUSE AT&T was a regulated monopoly.

Because of deregulation,

comparing similar telephone services with Europe shows that Americans pay about twice what they should pay.

 

Possibly,

drug companies should be considered in the same light.

Utilities, like electricity, are regulated because they are considered to be things that essential to life.

Some drugs, are essential to some lives.

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15 hours ago, peter45 said:

Way back when,

America had the best telephone system in the world,

BECAUSE AT&T was a regulated monopoly.

Because of deregulation,

comparing similar telephone services with Europe shows that Americans pay about twice what they should pay.

 

Possibly,

drug companies should be considered in the same light.

Utilities, like electricity, are regulated because they are considered to be things that essential to life.

Some drugs, are essential to some lives.

 

Yes drugs need to be regulated just like electricity by the government, because of the simple fact that some of the companies are charging 300x more for them in the U.S then our neighbors to the north. 

 

The government should be able to negoitate drug prices with the companies and not limit the innovation being made by these companies.

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20 hours ago, zkyllonen8 said:

 

Yes drugs need to be regulated just like electricity by the government, because of the simple fact that some of the companies are charging 300x more for them in the U.S then our neighbors to the north. 

 

The government should be able to negoitate drug prices with the companies and not limit the innovation being made by these companies.

I think we should remove patent rights on drugs and pay for the R&D up front through the NIH. Then, the intellectual property would be given freely to the drug companies who could produce the drugs cheaply like they do, thus removing all the excess profits. 

Peace!

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