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Researchers Work Around Hepatitis Drug Patent

Several readers let us know about a pair of British researchers who found a workaround to patents covering drugs used to treat hepatitis C. The developers intend to produce a drug cheap enough to supply to people in the poorest parts of the world. The scientists found another way to bind a sugar to interferon, producing a drug they say should be as long-lasting and effective as those sold (at $14,000 for a year's supply) by patent holders Hoffman-La Roche and Schering Plough. Clinical trials could begin by 2008. The article quotes developer Sunil Shaunak of Imperial College London: "We in academic medicine can either choose to use our ideas to make large sums of money for small numbers of people, or to look outwards to the global community and make affordable medicines."

298 comments

  1. Thumbs up! by Anonymous Coward · · Score: 5, Interesting

    Before the arguments about the effectiveness of this drug compared to the patented one, the morality of patents on medicine and the soviet russia jokes break out; I'd like to show my respect for these people. It's great to see this effort!

    1. Re:Thumbs up! by wasted · · Score: 4, Informative
      Before the arguments about the effectiveness of this drug compared to the patented one, the morality of patents on medicine and the soviet russia jokes break out; I'd like to show my respect for these people. It's great to see this effort!

      Another patented drug to treat Hep C is on its way as well.
    2. Re:Thumbs up! by MidVicious · · Score: 2, Funny

      In Soviet Russia, drugs patent you!

      Thanks for the assist ;)

    3. Re:Thumbs up! by AuMatar · · Score: 4, Insightful

      In capitalistic America, drug companies patent your genes. That will be 1 million dollars for infringing, payable up front.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    4. Re:Thumbs up! by TubeSteak · · Score: 1

      Just to clear something up, do companies get a patent on
      A) the medicine
      B) the process(es) necessary to make the medicine?

      --
      [Fuck Beta]
      o0t!
    5. Re:Thumbs up! by Joebert · · Score: 1

      This scares me, it means that the guy in Highschool that said he was going to patent his nut sack might not have been kidding, which means he could actually become rich enough to hunt me down & demand the $5 I bet him that he couldn't.

      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    6. Re:Thumbs up! by arivanov · · Score: 3, Interesting

      Chemical compounds as such are not patentable. Their use for a specific purpose, synthesis and administration are. That is usually enough to protect a drug to a point where you have effectively patented the compound.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    7. Re:Thumbs up! by Znork · · Score: 2, Informative

      Depends on the patent system. IIRC, the system in India specifically only granted the patent on the specific process to make the compound, which let generics manufacturers develop different methods of synthesis and produce the same compound. While, again, if I remember correctly, other countries granted the patent on the method by which the specific compound worked, essentially meaning the medicine itself is patented.

    8. Re:Thumbs up! by StrahdVZ · · Score: 1

      In capitalist America, patents drug you.

    9. Re:Thumbs up! by DRJlaw · · Score: 4, Informative

      Chemical compounds as such are not patentable.

      Absolutely wrong.

      Novel and non-obvious chemical compounds are patentable.

      Naturally occurring chemical compounds may be patentable when claimed as purified forms, as pharmaceutically acceptable salts, etc. While you may argue that it is obvious to purify a compound, when the application is drafted correctly, it often discloses or is based on a qualifying disclosure of a particular compound having a particular and previously unknown utility other than its mere existence. That is sufficient to eliminate the "obviousness" of a generic purification argument.

      Novel and non-obvious uses of known chemical compounds may also be patentable, as you suggested, but that category represents the minority of chemical patent applications.

    10. Re:Thumbs up! by Anonymous Coward · · Score: 1, Informative

      According to British TV new, the existing patent covers the hook that binds the sugar to the Interferon. The scientists used lateral thinking to work out a different way of binding the sugar to the Interferon which does not violate the patent.

    11. Re:Thumbs up! by Da_Weasel · · Score: 1

      Insightful anyone? Come on Mods get to work!

      o_O

      --
      If you must!
    12. Re:Thumbs up! by TurboniumOxide · · Score: 1

      Seems to me that circumventing the protections of this patent
      should be illegal in order to maintain the spirit of the DMCA
      across all industrial boundaries.

      We need to stamp out innovation in the phamra industry too!

    13. Re:Thumbs up! by wolff000 · · Score: 1

      It is to bad that more people that create medicine don't think like this guy. We need more people in the world interested in making it better and making a profit not just making a profit.

      --
      WTF?
    14. Re:Thumbs up! by trupoet · · Score: 0

      ...and the soviet russia jokes break out... Speaking of, In Soviet Russia, Drug takes YOU!!!
  2. Patent ruling is waste of resources by Anonymous Coward · · Score: 5, Insightful

    Isn't it pathetic that researchers or bussinesses try to find workarounds for patents? This kind of news shows that patent ruling is totally flawed by design. I'm in favor of giving inventor a commercial advantage for his/her invention. This can be tax reduction for product using this patent etc. But giving inventor a monopolistic right is stupid however you evaluate the idea.

    1. Re:Patent ruling is waste of resources by joelt49 · · Score: 4, Insightful

      No, it's not. Inventor's don't have to share anything with the outside world. Patents are simply recognizing the inventor's right to say, "I'll show you how to do X if you promise to do Y." Why shouldn't the inventor have the right do do that? It's his invention after all. There may be specific problems with the implementation of our current patent system, sure. But granting monopolistic privileges in some form is still a good idea and respect's the inventor's rights.

    2. Re:Patent ruling is waste of resources by erlehmann · · Score: 1

      it makes matters even worse that patents were thought as a means to ensure progress. working aroung a patent yields no further progress.

    3. Re:Patent ruling is waste of resources by poopdeville · · Score: 5, Informative
      Perhaps you've heard of the Hippocratic Oath?

      The relevant bit:

      To look upon his children as my own brothers[1], to teach them this art if they so desire without fee or written promise; to impart to my sons and the sons of the master who taught me and the disciples who have enrolled themselves and have agreed to the rules of the profession, but to these alone the precepts and the instruction.


      [1] An earlier bit mentions the oath taker's "parents." These are to be understood to be his mentors. Thus "his children" are the oath taker's peers.
      --
      After all, I am strangely colored.
    4. Re:Patent ruling is waste of resources by Anonymous Coward · · Score: 0

      > Why shouldn't the inventor have the right do do that?

      Because if someone chooses to ignore the inventor and tells the inventor to "shove X", the inventor can still shut them down, even though the inventor has made zero contribution.

    5. Re:Patent ruling is waste of resources by vandan · · Score: 4, Insightful
      No, it's not. Inventor's don't have to share anything with the outside world.

      And where did this inventor get their education from? And their materials? And their food?

      It is the responsibility of inventors to share their ideas with all society. As others have pointed out, they have a right to make a fair living off these ideas. But there is a limit to how 'fair' you can get, and making billions of dollars in profits while others are suffering and dying is going way past that point.

      Joelt, You need to have a good, long think about yourself. Profit is not the most important thing in the world.
    6. Re:Patent ruling is waste of resources by cas2000 · · Score: 1
      Inventor's don't have to share anything with the outside world. Patents are simply recognizing the inventor's right to say, "I'll show you how to do X if you promise to do Y."


      patents do a lot more than that - they also say "and nobody else is allowed to independently invent it either".

      in most countries, it's not even the first to come up with an idea, it's the first to FILE for the patent that gets the monopoly.

      Why shouldn't the inventor have the right do do that? It's his invention after all.


      a) why shouldn't someone who independently comes up with the same or similar idea be able to do whatever they want with it?

      b) ideas don't and can't belong to anyone. any monopoly of them is an artificial government-mandated one, a socialist intervention in the marketplace.

      c) the justification for patents is that they encourage innovation and the eventual sharing of ideas. that may have been true a few hundred years ago now, but it's certainly not true today. if anything, patents STIFLE innovation, not encourage it. there's also a sufficient body of public knowledge and a sufficiently widespread ethos of both sharing and research for the common good that there is more than enough "incentive" to research anything that we actually need.

    7. Re:Patent ruling is waste of resources by polar+red · · Score: 1

      It's his invention after all. Not quite, I would agree if :
      he educated himself, and he didn't get any money from anyone to do his research.
      quoting Isaac Newton : "it is because I have stood on the shoulders of giants." Referring to the fact that he uses older research to be able to do his. /http://en.wikipedia.org/wiki/Stand_on_the_shoulde rs_of_giants
      --
      Yes, I'm left. You have a problem with that?
    8. Re:Patent ruling is waste of resources by BCoates · · Score: 0, Troll
      And where did this inventor get their education from? And their materials? And their food?
      um, from those billions of dollars of profits you were complaining about?
    9. Re:Patent ruling is waste of resources by Anonymous Coward · · Score: 0

      you're not the sharpest knife eh?

    10. Re:Patent ruling is waste of resources by noidentity · · Score: 2, Insightful

      "I'll show you how to do X if you promise to do Y." Why shouldn't the inventor have the right do do that? It's his invention after all.

      The problem is that many discoveries are also given this treatment, preventing use by others who independently discover the same thing.

    11. Re:Patent ruling is waste of resources by Anonymous+McCartneyf · · Score: 1

      Careful with the absolutes...
      Suppose that this university-developed Hepatitis-C drug, the one that had to work around that patent, turns out to be more effective than the original because of that work-around? Then we would have progress, and likely we'd have it before the corp. with the patent decided to try it.
      It may be unlikely. But it's possible.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    12. Re:Patent ruling is waste of resources by Joebert · · Score: 3, Insightful
      Profit is not the most important thing in the world.

      Perhaps, but the most important thing in the world happens to like guys with big, profits.
      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    13. Re:Patent ruling is waste of resources by hclyff · · Score: 3, Interesting
      And where did this inventor get their education from
      Absolutely. All discoveries are done based on previous published research. If every pharmaceutical company kept their research to themselves, there wouldn't be much progress really. Not to mention that in academia, if you don't publish you don't exist. That's where patents sort of come in, to allow and encourage publishing of results done by private companies.

      Think of it this way: if those companies weren't guaranteed profit in case of discovering something useful, they wouldn't do the research in the first place.
    14. Re:Patent ruling is waste of resources by clickclickdrone · · Score: 1
      Isn't it pathetic that researchers or businesses try to find workarounds for patents?
      Ordinarily I'd say yes but the drug industry has been doing the same thing for years. It's an established business practice to produce an almost identical drug to an existing one, with the same effect and 99.9% structure then market it as new/improved with a corresponding price hike.
      Basically these guys have just done cheaply for the end user what the drug co's do expensively. Hoisted by their own petard.
      --
      I want a list of atrocities done in your name - Recoil
    15. Re:Patent ruling is waste of resources by Cpt.+Fwiffo · · Score: 1

      There is no problem in my mind with having patents recognizing the inventor's right to say "I'll show you how to do X if you promise to do Y.".
      They should have such right.

      The problem is that
      a) the size of Y is deemed inappropriate to X
      (which is where most of the disucssion is about), and
      b) If you or I figure out a similar way of doing X on ourselves we can still be disallowed to do X. In effect, this gives a monopoly of doing X, and everything derived from it

      Now, for every X figured out, fruitless research adds up to Y, as Y for some reason is seen as an acceptable cost-post (sp?) for all fruitless research.
      With that structure in place, fruitless research becomes 'costless', as it only adds to Y, which is unrelated to the current research.
      Is this fair? No.
      Do we want it to be fair? In this case, the benefit is that fruitless research is being done. As it can be argued that there is no such thing as fruitless research, just research not giving viable results or yields, it might as well add to Y.

      However, this is all nice and dandy, but now Y has risen, because not only am I allowed to do X, I also pay for a lot of fruitless research. And *that* I don't see results of. Moreover, this fruitless research can still be patented on its own, possibly becoming profitable later on even though it has already been paid for!.
      I'll gladly pay Y, if I only pay for X, or also get what I paid for, namely all the research which was (possibly) fruitless.
      You want to keep research to yourself? that's your risk, with your cost which has nothing to do with what I am getting.

      just Gimme mah pie, dammit!

    16. Re:Patent ruling is waste of resources by Znork · · Score: 5, Insightful

      "Think of it this way: if those companies weren't guaranteed profit in case of discovering something useful, they wouldn't do the research in the first place."

      Except, of course, they're not guaranteed the profit for the research, they're guaranteed the profit from having a monopoly. Which essentially means their incentive is to get as much profit out of the monopoly as possible (ie, a huge incentive for marketing) while investing the bare minimum necessary to gain another monopoly into research.

      And, of course, ignoring the fact that if we didnt grant those monopolies could very well be spending the money now going to the pharmas directly on research instead, thus getting more than five times the R&D done for the same amount of money we spend on medicines today.

    17. Re:Patent ruling is waste of resources by Znork · · Score: 1

      Actually, even better, he should start out in a cave and work from there. After all, why grant an exclusive right on something when most of it comes from the public pool of knowledge anyway?

      And, hey, maybe if he's a super genious he might get as far as figuring out how a pointed stick works.

    18. Re:Patent ruling is waste of resources by thewiz · · Score: 1

      But there is a limit to how 'fair' you can get, and making billions of dollars in profits while others are suffering and dying is going way past that point.

      Agreed. When pieces of paper and slugs of metal become more important than people it's a sad, sad day.
      Nice to see people in developed nations taking an interest in helping those who need help without trying to take them to the cleaners.

      --
      If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
    19. Re:Patent ruling is waste of resources by dwandy · · Score: 4, Insightful
      To show an example to illustrate this (picked purely at random, and may not be typical in the industry, but I suspect it is):

      Revenue (ttm) : 52.21B
      Gross Profit (ttm): 42.77B
      Profit Margin (ttm): 24.17%

      ...and this shows the industry enjoys about a 65% Gross Margin.

      Contrast that with an industry that doesn't enjoy protection on it's product, say Toyota (also picked randomly but assumed to be more or less industry leader at this time)

      Revenue (ttm): 189.92B
      Gross Profit (ttm): 34.83B
      Profit Margin (ttm): 7.00%
      ...and this industry has to make do with only about 19% Gross Margin.

      So to agree with what you're saying: Pfizer made some 42billion dollars in profits because they have protection on their product; and that profit comes directly from the consumer, and comes directly at the expense of sick people that can't afford the drugs they produce.

      'Research' is an expense which decreases profit. Such large profits are simply monopoly protection income that has not been spent as promised: on research.
      This clearly shows us that we need to at a minimum reduce the patent term, and more realisticly review the very concept of drug patents.

      Anyone who argues that the current patent system is necessary or healthy in the face of these abnormal profits is sick and twisted or stupid or corrupt or maybe all of the above ...

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    20. Re:Patent ruling is waste of resources by BCoates · · Score: 1

      It's not representative at all; that's Pfizer, who hit the lifestyle-drug goldmine with Viagra and also sells bestselling drug Lipitor. Unless they're running the next Viagra through testing right now and not telling anyone about it, when those drugs go out of patent around 2011, their lucky streak will end and their numbers will go back to something resembling sanity.

      Assuming the numbers on that page are even true, which given the recent track record of American companies, they probably aren't.

    21. Re:Patent ruling is waste of resources by Eivind+Eklund · · Score: 1
      In practice, it isn't his invention that's getting protected - it's just a monopoly granted against others inventing in the same area. The patent database is almost never referenced. (Also, in the medical field, there's very often public money involved to start with...)

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    22. Re:Patent ruling is waste of resources by Anonymous Coward · · Score: 1, Interesting

      when those drugs go out of patent around 2011, their lucky streak will end and their numbers will go back to something resembling sanity.

      Actually, they'll just tack on another molecule, patent their new mixture, and tell doctors that this new drug is less likely to cause ulcers/heart attacks/penis rot/whatever than the generic stuff, and it'll sell like hotcakes.

    23. Re:Patent ruling is waste of resources by NDPTAL85 · · Score: 1

      Perhaps you've heard the Reality Oath?

      "To make as much money as one possibly can, in hopes of not falling too far behind the Joneses."

      Do you really care what a doctor's motivations were as long as they make a cure or treatment for something as fast as they possibly can?

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    24. Re:Patent ruling is waste of resources by Metasquares · · Score: 1
      It is the responsibility of inventors to share their ideas with all society.

      No. I used to think this as well, but this is one of the reasons why scientists are treated poorly despite their contributions. We will develop our ideas in any case, but we are under no obligation to share these ideas with an unworthy society. That we do anyway says quite a bit about ourselves as people, but never assume that we are in any way obliged to slave away so everyone else can use, abuse, and profit off of the fruits of our intellectual labor. Society doesn't give enough back to earn that right.

      Patents are another beast entirely, however. The net effect of keeping your ideas to yourself is zero - nothing lost, nothing gained, except perhaps in potential. Developing an idea or process, releasing its details to the public, and patenting it has a negative effect, as it prevents others from disseminating that same idea or process to the public. By denying scientists the ability to build upon previous work, this undermines the very foundation of the field.

    25. Re:Patent ruling is waste of resources by NDPTAL85 · · Score: 0, Troll

      Can we all wake up from your holier than thou utopian ideals now?

      Profit is incredibly important. Without it so much simply will not get done. There simply aren't enough altruistic beings on this planet to run an economy on charity alone. From the pool of brilliant scientists and doctors you have maybe 20% who do it just because they like helping others. That leaves the other 80% who are in it for the money. So you want to remove the motivations for 80% of our scientific grey matter? What sense does that make?

      Over time the costs of drugs comes down as generics are made available. Either those countries can wait for that to happen or they can steal them now and pay us back later after our armies show up on their doorstep to collect the payment due.

      Either way works pretty well.

      As for the inventor, how do you know that they did not go to private school? That they did not buy their own materials? And who gets free food for life? Its quite possible that the inventor's family paid for all of those things in which case he'd owe society BUPKISS, NADA, GOOSE EGG in return.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    26. Re:Patent ruling is waste of resources by martinussen · · Score: 1

      Nonono. You see, you usually get an education and make your product before you profit. Profit! Food. Education. Invention. ??? seems a bit unorthodox to me.

    27. Re:Patent ruling is waste of resources by Jamu · · Score: 1

      The other side of the coin is that patents do more than respect an inventor's rights. Say, an inventor makes an invention and keeps it a secret. Another inventor makes the same invention and decides to share it. This seems all well and good, none of the natural "rights" of the inventors have been infringed. Now consider what happens if the first inventor patents his invention and prevents its use: The patent now stops the other inventor sharing his invention and the public from enjoying it. The move trivial the invention, the more chance it has of being re-invented. In fact, it doesn't even have to be re-invented, many patents are taken out that cover inventions already in the public domain. In which case the patent doesn't respect the inventor's rights at all!

      I agree that patents can be a good way to promote innovation. However this must always be for the public good, otherwise why should the people grant patent rights?

      --
      Who ordered that?
    28. Re:Patent ruling is waste of resources by GuyverDH · · Score: 1

      I know this is something of a tangent to the discussion, and may be moderated as off topic, however, I think it fits to portions of the discussion.

      How much money is there in the United States?
      How much has been printed? How much is in circulation? How much has been lost? How much is moldering in a sealed mason jar under Uncle Funkenwagner's front porch?

      The reason I'm asking is this? To what percentage of currently existing, freely exchanged cash do corporations aspire to? At what percentage of collective wealth do the people that support the corporations (ie pharmaceutical companies, oil companies) end up incapable of supporting any form of financial growth for these companies causing declines in stock prices and profits, increasing costs of said companies' products, which in turn causes a downward spiral.

      I guess what I'm asking is, how many of the recessions have been caused by corporate greed?

      --
      Who is general failure, and why is he reading my hard drive?
    29. Re:Patent ruling is waste of resources by aproposofwhat · · Score: 1
      I call BS.

      In this case, an equivalent drug can now be produced generically, at lower cost, and made available far more widely.

      That, to any reasonable person not dependent on the pharmaceutical company involved, is progress indeed.

      Hep C is not a pleasant disease, and any cheap widespread treatment is to be welcomed.

      --
      One swallow does not a fellatrix make
    30. Re:Patent ruling is waste of resources by It'sYerMam · · Score: 1

      To my knowledge, a lot of drug research these days is trying to find out how to improve on existing drugs. So this probably would have been found, regardless.

      --
      im in ur .sig, writin ur memes.
    31. Re:Patent ruling is waste of resources by GR1NCH · · Score: 1

      Any idea how much someone goes into debt in order to acquire a Medical Education? Sure you may get the education before you make the profit, but you need to make that profit to pay off your $2000/mo college loans. I'm not saying I agree with the abuses being made by drug companies, just correcting the error in your comment.

    32. Re:Patent ruling is waste of resources by darkmeridian · · Score: 1

      Don't forget that the patent system demands that an inventor publish a written description of his invention and enable others to practice it without undue experimentation. Without patents, there would be no incentive for private labs to publish any of their research. All work would be kept as trade secrets, and all research sponsored by drug companies would be kept under wraps. Only the hopelessly idealistic would believe that a world without patents would be a nirvana where intellectualism flowed freely.

      In fact, query whether there would be anything to work around in this case if there were no patents filed to cover the drug.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    33. Re:Patent ruling is waste of resources by Anonymous Coward · · Score: 0

      No, it's not. Inventor's don't have to share anything with the outside world. Patents are simply recognizing the inventor's right to say, "I'll show you how to do X if you promise to do Y." Why shouldn't the inventor have the right do do that? It's his invention after all. you're correct! it's kill or be killed out there. dog eat dog. survival of the fittest. only the strong shall rule. laws of the jungle. get there first and claim your spoils. you gotta fight. for your right. to party.

      it's a good thing that humans have used their really neat brains to make civilized society so we don't all live like wild animals.
    34. Re:Patent ruling is waste of resources by Anonymous Coward · · Score: 0

      Most biochem/molbio/chem scientists inventing new drugs out there do not take this oath.

      See MD vs PhD

    35. Re:Patent ruling is waste of resources by hey! · · Score: 1

      You put your finger on the fundamental point: do you have a fundamental right to control your ideas, in the same way you have a fundamental right to control decisions about your body, or your personal property?

      This is more than a legal issue. It's an ethical issue.

      Underlying the ethical issue is a model of how ideas are generated. Depending on the version of that model, you end up at a different ethical position and a different opinion on how the law should be changed.

      One model is the genius model. There certainly are geniuses whose creativity almost defies explanation; Mozart, in the music world. Perhaps Tesla, in the world of engineering. Creation springs from the mind of the genius in the form of inspiration. When that inspiration comes after considerable struggle, the inventor has a double claim on the invention. It is both the fruit of his labor, and the child of his uniqueness.

      Under the genius model, the existing patent and copyright laws are too weak, because the inventor's rights expire. Even if they expire after the genius' death, the genius has a right to transfer his rights to other people; without that right he cannot fully benefit from his ideas. A genius' idea is an aspect of himself; if we do not recognize selling persons into bondage, we might also decide that even an exact replication of real property rights is too weak. It is possible that the genius might claim greater residual control over ideas he has sold than he would over a piece of land or personal property; at least for the duration of his lifetime.

      The other model is the social model. In this version, ideas and expressions are almost always refinements or variations of other ideas, are combinations of existing ideas, or depend on existing ideas for their utility.

      Under this model, creativity requires a balance of incentive (provided by first mover advantage and possibly patents and copyrights) and unfettered access to a large body of public domain material. Under this model, the idea of basic property rights in intellectual works is unsupportable, unless you believe it is possible to have a right whose main effect is to harm the class of people who hold it. This leads to two possible derived positions: a utilitarian and a libertarian position. In either position, IP laws give creators control over something to which they have no fundamental right, as a result depriving others of liberty. In the utilitarian viewpoint, this is acceptable so long as the laws are narrowly crafted to maximize the public good. This would be something less than or equal to incenting the maximum effort by creators, but more than maximizing the creator's access to material (i.e., no IP laws). In the libertarian position, the effect on the public good is irrelevant; if we take the social creation model IP laws are simply bad.

      The libertarian/utilitarian distinction doesn't arise in the genius model, since if we accept this model the only thing that matters from the utilitarian viewpoint is maximizing the effort of the genius. Anything short of that is a restriction on the genius by lesser men.

      Personally, I think neither model is perfectly true, although it is closer in most cases to the social creation model than the genius model. It is even possible that creators display differing levels of genius, and thus have differing levels of rightful claims over their creations. However, it is not practical to recognize such ethical nuances in law. What is clear to me is that an across the board recognition of a permanent and fundamental right to intellectual property would, given time to act, hobble even the greatest of geniuses.

      For that reason I think the law should take the utilitarian standpoint, although a slight bias in favor of exclusivity is acceptable. I think the current patent term is longer than is optimal, but acceptable. Copyright terms are far, far too long. I would support a basic copyright term of less than twenty years, plus an extension for as long as the work earns significant revenues (as a rough measure of creative genius).

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    36. Re:Patent ruling is waste of resources by Anonymous Coward · · Score: 0

      Your comment begs to ask why a medical professional, researcher or any, would choose a field whose goal is to better peoples lives, medically speaking, yet restrict the number of people they can help by their active support of medical patents.

      Do you not see the contradiction and hypocrisy here? Or do you just have a lot of Pharm-Ind. mutual funds you'd like to see prosper?

    37. Re:Patent ruling is waste of resources by dosquatch · · Score: 2, Insightful

      Do you really care what a doctor's motivations were as long as they make a cure or treatment for something available to those rich enough to afford it as fast as they possibly can?

      There, fixed it for you.

      --
      "Hey, the third matrix movie would have been good except for the plot,story, and acting." --AC
    38. Re:Patent ruling is waste of resources by bonoboboy · · Score: 1

      This is exactly why I feel we need to fundamentally change the way these companies operate ... by legally forcing all pharmaceutical and medical companies to be Not-For-Profit. The inherent nature of corporations can be broken down into one function: to provide profits for the shareholder. In my world view, I cannot see how we can ethically continue to allow these companies to reap these massive profits (see the below comment for comparison figures) at the expense of the needy (read: the sick). As a not-for-profit organization, these companies could then cut away all those profits and put that money where it should be going - to reducing the cost of medical supplies and funding R&D.

    39. Re:Patent ruling is waste of resources by Firethorn · · Score: 1

      yes, but even then their profits will still be less because they'll have to compete with generic viagra, and studies will have to show that the new drug is even better, etc...

      --
      I don't read AC A human right
    40. Re:Patent ruling is waste of resources by Firethorn · · Score: 1

      a) why shouldn't someone who independently comes up with the same or similar idea be able to do whatever they want with it?

      Because it's almost impossible to tell the difference between coming up with it independently and copying the earlier one.

      b) ideas don't and can't belong to anyone. any monopoly of them is an artificial government-mandated one, a socialist intervention in the marketplace.

      Actually, an idea can belong to someone. I have an idea that would revolutionize the world, but I tell it to nobody. It's my idea. While non-obvious, it's easily reverse engineerable so everybody would be able to make it and I'd make no money. Why bother? Now introduce patent laws. Hey, I can tell the world, market my idea and make loads of money for twenty years.

      c) the justification for patents is that they encourage innovation and the eventual sharing of ideas. that may have been true a few hundred years ago now, but it's certainly not true today. if anything, patents STIFLE innovation, not encourage it. there's also a sufficient body of public knowledge and a sufficiently widespread ethos of both sharing and research for the common good that there is more than enough "incentive" to research anything that we actually need.

      Now, I wouldn't go throwing out the chicken with the egg. I see the problems with patents today as perhaps calling for a fine-tuning rather than thowing out the whole system. Heck, copyright is getting into the technical world with computer code being copyrighted, which has a far longer term than patents. Just as I think that copyrights should be cut in half, I feel that many patents could be reduced in duration. Sure, we have a pretty good public research program, but private industry still comes up with most of the new stuff.

      I also think they need to return to the 'working sample' requirement for a patent, and get rid of 'method' patents which cover the idea of a process, not the process itself.

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      I don't read AC A human right
    41. Re:Patent ruling is waste of resources by Chris+Burke · · Score: 1

      To show an example to illustrate this (picked purely at random, and may not be typical in the industry, but I suspect it is):

      Actually you picked the worst offender. Pfizer is the largest pharma in the world by a good margin. They were already the largest in the world before they bought Pharmacia-Upjohn, which at the time was the 4th largest in the world.

      Pfizer also has the largest marketing/R&D budget ratio in the industry, at least the last time I checked which was before they bought Pharmacia. They had a marketing budget four times larger than their R&D budget. Pharmacia-Upjohn had a rather low ratio for the industry at a mere 1.5x, and yes that's a touch of sarcasm you detect. These R&D budgets, by the way, include the necessary FDA testing and approval process.

      Pharmaceuticals tell us that they have to charge so much for drugs and have rigorously defend their patents because of their massive R&D costs. It is expensive to develop a new drug and get it approved, to be sure. But that is irrelevent because they are spending vastly more than that on marketing. So they need to charge so much for drugs to pay for their marketing expenses. When you're talking about how you need to earn so much money to pay the bills, do you say you're doing it to pay for your cable or for your home mortgage? Usually one considers the biggest cost first. Oh, and if you are making enough money that you're still putting 25% of your paycheck directly in the bank every month, then usually you don't bitch about your bills at all.

      The truth is that pharmaceuticals need to charge so much and have patent protection for only one reason: To defend ludicrously high profits. Of course some will counter with "don't they have a right to profit?" as if it is a binary profit/no profit question. They are making insanely high profits. Having merely great profits will not cave in the industry; if their profits were immediately cut by 75%, they would still be the envy of businesses the world over. Being able to maintain 20%+ profit margins in a recession is just insane.

      There's a lot of healthy debate to be had about patents and patent reform. The pharmas, though, are greedy beyond comprehension and their input on the debate should be understood entirely from that standpoint.

      --

      The enemies of Democracy are
    42. Re:Patent ruling is waste of resources by Znork · · Score: 2, Insightful

      If you in and analyze the numbers on the books of the pharmaceuticals you'll also note a other vast differences between their financials and companies like your car producer.

      IIRC, the breakdown is something like this:

      Pharmaceutical:
      35% production
      35% marketing and administration
      15% R&D
      15% profit

      Cars:
      80% production
      10% marketing and administration
      5% R&D
      5% profit

      Now, the pharmaceuticals of course claim that they invest a high amount in R&D, with the comparison against other industries. However, what it really shows is that for a functional competetive industry, a large part of the end-price is the actual cost of producing the product (which, incidentally, is also why you dont get a problem with illegal car copies). It also shows that the efficiency of the industry is horrific; generics can usually be produced at a fraction of the price, so the 35% representing production would probably be cut to at least a third in a competetive market.

      End result; the vast overfinancing created by monopoly revenue is grossly inefficient in steering money towards the supposed goals, and instead create a waste unseen in other industry.

    43. Re:Patent ruling is waste of resources by Jzor · · Score: 2, Funny

      World of Warcraft?

    44. Re:Patent ruling is waste of resources by Poruchik · · Score: 1

      And you think those 'studies' will not be done? How many people still buy Tylenol, when there is a perfectly good generic acetaminophen bottle sitting right next to it in most pharmacies for half the cost? (Probably manufactured in the same facility, just with a different label). Viagra will still sell like hotcakes, even though generic equivalents will be available. That's where their marketing budget goes.

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    45. Re:Patent ruling is waste of resources by bitt3n · · Score: 1
      Joelt, You need to have a good, long think about yourself.
      oh please, that kind of preening self-important talk does more to turn people off even considering patent-law revisions than the sophistic arguments of a dozen pharm lawyers.

      It is important that people be permitted to get filthy rich for making big discoveries, because of the risk involved of failure.

      It's just like entrepreneurship: if you take the ability to make ungodly sums of money away from entrepreneurs, because of the fact that they are driving ferraris while "others are suffering," quite a few of them wouldn't build the companies they do, because it's much safer to get a normal job for the same pay. Likewise if someone devotes his life to discovering a cure for some disease because he's attracted by the idea it could make him filthy rich, and you take away that incentive, he's likely to go after a much less risky goal.

    46. Re:Patent ruling is waste of resources by Poruchik · · Score: 1

      I'd like to see where you get the 20% altruists to 80% egotists breakdown in the scientific community.

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    47. Re:Patent ruling is waste of resources by WhiplashII · · Score: 1

      The way I look at it is this: Society needs people that can turn resources (time, gold, etc) into useful things (digital watches, rockets, etc.). The problem is that society cannot tell who will be successful beforehand. So what society does is reward sucessful people with the resources to do even more stuff. So if you are good a inventing new rockets, you are given more money so that you can invent even more rockets. If you are good at inventing medicine, you are given more resources to invent even more medicine.

      I mean really, do you think Steve Jobs is personally any better off at $5B than he was at $1B? People that show they can create value are given more resources so that they can create even more value. It doesn't always work this way, but that is the premise behind capitalism.

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    48. Re:Patent ruling is waste of resources by WhiplashII · · Score: 1

      So what? Are you saying that it is evil that the poor people of the world cannot afford to pay extra for a brand name? What kind of idiotic argument is that?

      You are showing examples of people being dumb - that is a luxury, and the poor people of the world can't afford it...

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    49. Re:Patent ruling is waste of resources by blugu64 · · Score: 1

      "I guess what I'm asking is, how many of the recessions have been caused by corporate greed?"

      Corporations are not greedy, people are greedy.

      --
      "Personal ownership is a hallmark of conservative capitalism. And I don't believe I am entitled to anything that I did n
    50. Re:Patent ruling is waste of resources by Da_Weasel · · Score: 1

      I might be wrong here, but I thought that patenting something effectively publishes it. Other can then review the patent and learn from it, but if they want to use your invention (in any form outlined in your patent) then they need to get permission from you or pay you some royalties for using your invention.

      Maybe someone can tell me if I'm just being retarded...?

      --
      If you must!
    51. Re:Patent ruling is waste of resources by Poruchik · · Score: 1

      People don't do it because they are dumb (or not always). They do it because they hear, see and read commercials about Tylenol, Bayer aspirin and other brand names. Great majority of consumers out there do not have enough knowledge to just look at the active ingredients list. So they buy whatever is advertised to them, while a lower priced alternative is available. And this is *precisely* my point - all mega pharmas spend billions on this marketing, instead of putting that money into R&D of new drugs.

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    52. Re:Patent ruling is waste of resources by WhiplashII · · Score: 1

      It is rather off topic, but I'll answer as best I can:

      How much money is there in the United States?

      This is actually harder to answer than you may think. There are many measurements of the amount of cash in an economy - M0, M1, M2, etc. Each includes/excludes various things: for example, banks take a deposit and then loan the money out again. So should that money be counted twice? It turns out that if you are trying to control an economy, the answer is "yes." And in the real world, instead of being twice, it is more like ten times (not understanding that is the direct cause of the great depression). M1 is about $1.5T, M3 is about $10T

      To what percentage of currently existing, freely exchanged cash do corporations aspire to?

      Unfortunately, this is the wrong question. Obviously, they aspire to all of it - but that is not useful, because you are erroneously assuming a zero sum game. The implicit contract that a corporation (or anyone else) has with society is this: you create value to society, and then we haggle over who gets to keep what fraction. In the US economy, there is a side deal that says: and in the end, society gets the value (primarily because we don't allow monopolies and powerful families indefinately, like they do in most of the world). The key issue here, though, is that corporations create value.

      For example, you work and get paid $X. You are willing to trade your time for the $X because the money is worth more to you than the time. The corporation pays you because your time is worth more to them than the money. At the end of the day, the corporation is better off because of your labor (the value of the labor minus the value of your salary is a positive number), and you are better off with the money (the value of the money to you minus the value of the labor to you is a positive number). So society (which includes all the players) is better off - the only real argument is did you get more of the value or did the corporation? And to a certain point, that is only vanity anyway - who is to say which of you "deserves" more? You can make identical arguments about the sale of a product, like an Ipod - every transaction that does not involve coercion creates a net gain for society.

      how many of the recessions have been caused by corporate greed?

      None of them. As I have shown (I hope), corporations do not have any control over that. The Fed can cause recessions through bad monetary policy - they almost certainly directly caused the great depression (we have learned a lot since then, but we are still not infallible). After the Fed, the number two determinant of a recession is consumer confidence. When the herd gets restless, we have a recession - all the Fed can do is try to soften it. Really, corporations hate recessions even more than you do, and would prevent them if they could. (There is something to be said about business cycles actually strengthening the economy by threatening to cull the herd, but I don't see corporations being that altruistic...)

      One final point, if you really think that corporations get an unfair percentage of the profits, then invest! That is by far the easiest way to change things in your favor. If you can't / don't want to do that, start your own company - that is another great way to change the equations in your favor.

      Remember for every $1 you invest in stocks now, you can draw $1 per year for the rest of your life after 25 years! Do the math! (This assumes a 10% growth rate of the economy - 1.1^25=10.8, so you get 10.8 times return after 25 years at 10% - after that, you can draw out 10% each year [the growth of your money] without ever touching the principle.)

      To show the sensitivity of this to the growth rate here are the years you have to wait to be getting yearly income equal to your initial investment at different rates:

      5% - 65 years
      6% - 50 years
      7% - 40 years
      8% - 33 years
      9% - 2

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    53. Re:Patent ruling is waste of resources by WhiplashII · · Score: 1

      But my point is that the poor are not harmed by that. The poor cannot afford the name brands they see (on the TV that they can't afford either, but that is a separate issue), so they are cruely forced to buy the same medication at a lower price! How is that wrong? The worst you can say about it is that the poor people may feel slighted, but if they really are getting the same medicine but cheaper who is harmed?

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    54. Re:Patent ruling is waste of resources by Thomas+the+Doubter · · Score: 2, Interesting

      This reasoning is very off base. First of all, Pfizer happens to have one of the highest profit margins in the industry, but that is not really relevant...
      Most of the folks here have little to no understanding of the cost of Research for the pharmaceutical industry. It does indeed take several millions of dollars to identify and produce a promising compound. You folks see to think the work is all done at this point, but in fact it is just beginning. There have been estimates that the Clinical Reseach, which is to say the testing and evaluation of varying doses and regimens across various ages and populations of people - hundreds and hundreds and even tens of thousands of people - can cost upward of 800 Million Dollars. And this is before a single dollar is made in profit! The up-front cost is huge, the risk tremendous, and the profits, if and when realized can be good. A significant fraction of that profit goes directly back into research and development, as well as compensation for the risk-takers. Let's put it another way - if the government (any government) had to finance the research carried out by the major pharmaceutical companies, most of it simply would not get done. The result would be fewer drugs and drugs on the market with less testing than we see now!
      Yes, it is true that patents, in effect subsidise a profitable industry - but I tend to think of the outcome as evidence that patents sometimes work - the alternatives to the present system are not likely to be as good.
      Thomas

    55. Re:Patent ruling is waste of resources by Poruchik · · Score: 1
      Please carefully re-read my last sentence:

      And this is *precisely* my point - all mega pharmas spend billions on this marketing, instead of putting that money into R&D of new drugs.

      This means that there are fewer new, potentially life-saving, drugs in the pipeline. That's harmful to everyone, not just poor people.

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    56. Re:Patent ruling is waste of resources by Anonymous Coward · · Score: 0

      But that is irrelevent because they are spending vastly more than that on marketing.

      You are being deliberately obtuse. If spending an extra $1.00 on marketing gets you an extra $1.01 in revenue, you spend it.

      Being able to maintain 20%+ profit margins in a recession is just insane.

      On the contrary, it conclusively proves the value of drugs and the fairness of the profit margins. The valleys of the business cycle are when useless baubles and fripperies get squeezed out.

    57. Re:Patent ruling is waste of resources by Da_Weasel · · Score: 1

      Whoa! Let's not toss the baby out with the bath water...

      If you do this to the drug industry you will still be left with surgeons, doctors, dentist, health insurance companies, and hospitals that are profiting quite handsomely from people's health care needs still.

      Something like that would cause Middle Tennessee plummet economically. The Healthcare industry employs quite a large number of people here. Out side of that your choices for work are factories, retail stores and restaurants, and being a country music star.

      --
      If you must!
    58. Re:Patent ruling is waste of resources by WhiplashII · · Score: 1

      OK, fair enough. But now that we have the poor people argument out of the way - how can you be sure that marketing money spent is net negative to society? A drug noone ever knows about or uses is of no benefit to society. Especially a drug that in the old days would never have been perscribed by a doctor - a so-called lifestyle drug. Many (maybe most) doctors beleive that the patient is wrong most of the time. Your overwieght? Well, obviously that is because you eat too much - I won't perscribe something for a problem you can fix yourself, etc. Viagra? Who on Earth would proscribe Viagra? Who on Earth would see their doctor about that problem if they didn't know it could be solved?

      Now I'm not totally sure that the maximum benefit to society is gained by having a larger marketing budget than a research budget - but I think the marketing budget is more important than doctors and scientists tend to think. And I am backed up by the fact that the pharmas that are advertising make a lot more money - which means that they either sold a lot more drugs or that consumers valued those drugs a lot more. Either way, it sounds like a net win to me...

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    59. Re:Patent ruling is waste of resources by roman_mir · · Score: 1

      And where did this inventor get their education from? And their materials? And their food? - they paid for their education, they paid for the materials and for the food.

      Are you implying that paying for some service / product with money is not good enough? Are you implying that once I paid for that cup of coffee with cash I have a moral obligation to do something else, give up my own inventions to the rest of the world because they 'allowed' me to pay for that cup of coffee?

      Inventors do not have an obligation to give anything to the world, no more than plumbers do, no more than store clerks do etc.

      It is the responsibility of inventors to share their ideas with all society. - absolutely wrong. It is your responsibility not to steal something, but to pay for a service or a product you receive, that's all.

      As others have pointed out, they have a right to make a fair living off these ideas. But there is a limit to how 'fair' you can get, and making billions of dollars in profits while others are suffering and dying is going way past that point. - people will always be dying, just because people are suffering and dying it does not mean that all of a sudden some inventor's life's work is up for grabs at your terms.

      Joelt, You need to have a good, long think about yourself. Profit is not the most important thing in the world. - what is this, some sort of a personal attack? Profit is not the most important thing in the world, but it is much more important than many other things. Progress moves forward in the name of personal profit.

    60. Re:Patent ruling is waste of resources by bonoboboy · · Score: 1

      I actually meant to include the entire Healthcare Industry in with this. It's a grab for profits, and I don't believe profits (for shareholders) should have anything to do with healthcare. A free market is absolutely brilliant for many sectors, but fragrantly unethical when applied to things that should belong to the entire community (infrastructure, healthcare, etc.).

      But changing the Healthcare Industry to a not-for-profit structure wouldn't spell the end for all Healthcare-related jobs, just the end of gross profiteering by shareholders. We will still need all the medical supplies we currently use - this change would just reduce the insane prices attached to these medical supplies. (For example, why is US$10,000 seen as a reasonable price for a hospital bed, or US$6,000 for a pager-sized insulin pump?)

      Even so, any economic changes resulting from this transition would need to be done at a slow enough rate to allow for local economies to adjust. As humans, we have a tendency to use the status quo as an excuse not to change - but as life generally teaches us: "evolve or die; the status quo is always a transitory state".

    61. Re:Patent ruling is waste of resources by sustik · · Score: 1

      > inventor's right to say, "I'll show you how to do X if you promise to do Y."

      Except I have no option of responding: "Keep it to yourself, I will invent it myself instead. (Because it is obvious or I have also worked on it already etc.)" I am forced to do Y even if I do not benefit from X, or give up work that I have done already that may naturally lead to X.

      I do not claim that I know how to foster and protect ideas. I know however that in my work I have to come up with NEW ideas over and over, and I have no option to have ONE idea and pull a lifetime of benefits out of it.

    62. Re:Patent ruling is waste of resources by FallLine · · Score: 2, Informative
      And you think those 'studies' will not be done? How many people still buy Tylenol, when there is a perfectly good generic acetaminophen bottle sitting right next to it in most pharmacies for half the cost?
      The same can be said of many things, however this is usually only with something that costs a relatively small amount in the first place so that the percieved price difference is very small for the consumer. This is not the case with generics. Furthermore, it ignores the fact that unless the doctor specifically specifies no generic substitution the rx, most managed care companies will insist that the generic be taken. Most doctors do not do this unless there is a good reason to (in some cases, the generic formulations are not consistent and it can make a difference)... if the doctors abuse this though the payors will tend to get upset.

      Viagra will still sell like hotcakes, even though generic equivalents will be available.
      Some people will still buy viagra when it is off patent. However, research has shown that once generics emerge the revenues of the drug companies decline dramatically -- especially when both the customer and the payor have to pay. This is even true with line extensions.

      (Probably manufactured in the same facility, just with a different label).
      Not terribly relevant, but no, they're not (I know people high up in the foodchain at J&J).

      That's where their marketing budget goes.
      Their "marketing" budget is little understood and vastly overstated by the likes of people on Slashdot. The "marketing" you are thinking of is DTC ads (TV, Magazines, etc) which are only about 1% of revenues (or about 10% of their promotional budget). They spend about 50% of their promotional budget of providing free samples to doctors (which, in turn, doctors give to patients--which are often beneficial) and most of the remaining amount paying their sales reps to promote new drugs.
    63. Re:Patent ruling is waste of resources by FallLine · · Score: 1
      It's not representative at all; that's Pfizer, who hit the lifestyle-drug goldmine with Viagra and also sells bestselling drug Lipitor. Unless they're running the next Viagra through testing right now and not telling anyone about it, when those drugs go out of patent around 2011, their lucky streak will end and their numbers will go back to something resembling sanity.
      Uh this may seem like a quibble, however Viagra has not been nearly as successful of a drug as Lipitor (especially not in the context of profitability). I forget the exact numbers, but Lipitor sales are roughly 10x Viagra's sales. Viagra and other so-called lifestyle drugs actually make up a relatively small part of their revenues when compared to their non-lifestyle drugs like Lipitor, Zoloft, Celebrex, Bextra, Exhubera, etc. I'd estimate that less than 5% of their revenues are derived from lifestyle drugs (though many people predicted Viagra would contribute hugely... it's largely fizzled).
    64. Re:Patent ruling is waste of resources by Rich0 · · Score: 1

      And why do they spend on marketing? To make more money. Which means more money for R&D.

      In any case, the big pharma companies have already kept their promise regarding spending on R&D - they spent it before the drug ever hit the market.

      Sure, this year's profits go to next year's products, but this year's product cost money last year. The first drugs to hit the market were paid for by entrepeneurs who had no drug profits at all.

      So, pharma would be paying for R&D even if they stopped all R&D entirely - the R&D investment was made in the past.

      That's how all business works - take a risk today, expect a return tomorrow. You can't claim to be fair and deny the return after the business has already taken the risk.

      In any case, if you really thing that public medicine is better why not ask your elected official to spend more on public drug development, with no patents on the resulting drugs (or defensive patents only). Don't ban private industry - just compete with it. Then everybody can look at the pros and cons of each model and see what makes the most sense.

    65. Re:Patent ruling is waste of resources by neoevans · · Score: 1

      Gross profit when the people who need your medicine the most can't afford it: $0 (zero) USD

      --
      "You are not a beautiful and unique snowflake."...Tyler Durden
    66. Re:Patent ruling is waste of resources by cas2000 · · Score: 1
      Because it's almost impossible to tell the difference between coming up with it independently and copying the earlier one.


      no it's not. researchers keep notes and journals and diaries. anything developed in too short a time to be reflected in a journal is likely to be too trivial/obvious to even deserve a patent.

      I have an idea that would revolutionize the world, but I tell it to nobody. It's my idea. While non-obvious, it's easily reverse engineerable so everybody would be able to make it and I'd make no money. Why bother? Now introduce patent laws. Hey, I can tell the world, market my idea and make loads of money for twenty years.


      without patent monopolies, you'd have a choice between not doing anything with your idea and going ahead and producing/selling it anyway. if it was a really complicated idea, you'd have at least a few years lead while the competition ramped up (and afterwards you'd still have the first-to-market advantage). if it only took weeks for the competition to ramp up then your idea was too trivial/obvious to deserve a 20 year monopoly anyway. either way, there's no particular incentive to hoard the idea - you wont gain from it at all that way.

      in any case, why should the rest of the world care whether you make loads of money for twenty years? if your idea is so useful, then it will be reinvented (and probably in a lot less than 20 years).


      btw, you're obviously in favour of (at least the idea of) entrepreneurship and business, and presumably the idea of the "Free Market" too. how do you reconcile that with the obviously socialist nature of government-granted monopolies? is it just the usual unstated hypocritical assumption that "socialism and welfare is good if it's for business, but bad if it's for actual people", or have you actually thought out some way of reconciling the conflict?

      I also think they need to return to the 'working sample' requirement for a patent, and get rid of 'method' patents which cover the idea of a process, not the process itself.


      that would be a good start, but it's the exact opposite of what is happening. with pharmaceutical patents, for example, India allows patents ONLY for the process of creating the drug, not for the drug itself or the various uses of it. IMO, that's a not un-reasonable position. unfortunately, they're being forced to "harmonize" their patent laws with the U.S., so they'll be subject to the same evergreening patent abuses that most of the rest of the world is.

      i'm not at all against a better, reformed patent system....but given a choice between no patents at all and the current patent system, i'd choose no patents.

      Sure, we have a pretty good public research program, but private industry still comes up with most of the new stuff.


      it doesn't, actually. it does in some fields (like computers and electronics) but it certainly doesn't in the pharmaceutical field. most new drugs are discovered and developed in government funded labs, at universities and public research orgs, etc. it's only when they have something useful that it's sold (for a pittance, almost given away) to one of the big pharma companies to market and distribute.

      about the only USEFUL contribution big pharma makes is to run the trials for approval of the drug - and yes, the trials ARE expensive and time-consuming....but there's no reason why they couldn't be publicly funded as well as the research and the resulting drug then sold for cost + a reasonable percentage rather than cost times an enormous profit factor.

      the public is paying the bills and taking the risks for the research, so the public should be the ones to benefit/profit from it - both from economical access to the drugs that THEIR taxes helped to develop and from the small reasonable profit (which should be plowed back in to the public research labs)

    67. Re:Patent ruling is waste of resources by dwandy · · Score: 1
      On the contrary, it conclusively proves the value of drugs and the fairness of the profit margins.
      Now you are being deliberately obtuse...and an AC to boot.
      You're suggesting that people *decide* that their health isn't worth spending whatever the price is (within limits of what they have).
      This isn't deciding that they can't afford a car or a new TV. This is their freakin' health. Without the health there is no TV or car...
      While any seller can set their price at any level they are constrained by what the buyer will pay. If Ford wanted $200,000 for a car they'd sell a hell of a lot less of them: people could and would do without.

      Now in this case, there is only one company that is legally allowed to make some treatment, and they want $200,000 for a treatment that costs them $16 or you die or are in pain or whatever... Beyond the ethics questions how can you say that this situation proves the fairness of the profit margins?? The value question is obvious: your life is worth whatever you can afford to pay. duh.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    68. Re:Patent ruling is waste of resources by cas2000 · · Score: 1

      it's bullshit, anyway. most scientists aren't motivated by profit, they're motivated by the research itself (and research grants, of course), and most of them work in publicly funded institutions, anyway. of those that work in the private sector, very few of them actually share in the profit - they're just paid a salary like anyone else. so there's little evidence that patent monopolies are a motivating factor for any scientists, and no evidence (plus much counter-evidence) that they motivate a majority of scientists.

      scientists are also motivated by status and the tenure that often comes with status - and the way to increase status as a scientist is to publish.

      all the chicken-little style doom and gloom about how terrible life would be without patents is just self-serving propaganda from those making grotesquely unreasonable profits from the current system, and from the dim-witted drones who like to fantasise that one day they too will be able to make grotesque profits.

    69. Re:Patent ruling is waste of resources by GuyverDH · · Score: 1

      However, corporations are controlled by people, and if people are greedy, then the corporate policies will show this - ie - corporate greed.

      Corporations are what they are made up of, in many (but not all) cases, greedy people.

      --
      Who is general failure, and why is he reading my hard drive?
    70. Re:Patent ruling is waste of resources by GuyverDH · · Score: 1

      Okay, now I'll ask the next question.

      Has anyone ever tried to add up the total value of all the stocks (or even the top 50% of them) taking current stock value, multiplying it times number of outstanding shares (and whatever other numerical oddities might be involved) to come up with a floating total gross value of all (or top 50%) stocks?

      How close to one of these M values would we get? Then add in all the assets reported by the corporations, how much closer do we get?

      In the end, what percentage of M is actually owned by the people, what percentage by corporations, and of the people owned percentage, what percentage of that is owned by how few? ie - add up the richest americans net values (not including stock options/values) to derive the figure.

      It could be interesting to find out that 98 or 99% of M is actually owned by corporations and about .0001 percent of the american population...

      --
      Who is general failure, and why is he reading my hard drive?
    71. Re:Patent ruling is waste of resources by vandan · · Score: 1
      Can we all wake up from your holier than thou utopian ideals now?

      Profit is incredibly important.


      Maybe it's time you woke up from your capitalist holier than thou ideals? Profit only lubricates society when you allow cold, callous bastards who care of nothing else to control things. The simple fact is that profits are not required for medical research to occur. Governments can allocate as much money as they desire to medical research.
    72. Re:Patent ruling is waste of resources by vandan · · Score: 1
      Are you implying that once I paid for that cup of coffee with cash I have a moral obligation to do something else, give up my own inventions to the rest of the world because they 'allowed' me to pay for that cup of coffee?

      This would only apply if your cup of coffee could heal the sick. Clearly this is not the case, so your comparison is quite childish. Do you understand the difference between medical technology that can ease suffering and cure disease, and your cup of coffee? Think about it.

      It is your responsibility not to steal something, but to pay for a service or a product you receive, that's all.

      You can't steal knowledge. And what of the lives that are being stolen because this technology is not shared?

      people will always be dying, just because people are suffering and dying it does not mean that all of a sudden some inventor's life's work is up for grabs at your terms.

      Oh the melodrama! Sure people are always dying. But some are dying unnecessarily. And if you look at my post, I said that people should be able to make a fair living off their research, which is a far cry from your claim that I'm trying to 'steal' it from them. Pirates! Everywhere! Pirates! HELP!

      Profit is not the most important thing in the world, but it is much more important than many other things.


      You mean like people's lives ? You, too, need to have a good hard think about yourself. Perhaps a dash of curable disease that you can't afford treatment for would do you some good.
    73. Re:Patent ruling is waste of resources by vandan · · Score: 1
      if those companies weren't guaranteed profit in case of discovering something useful, they wouldn't do the research in the first place

      Perhaps they wouldn't. If that were the case, I would say that would be a good thing. Corporations have no business owning patents to medical technology. Because of the nature of the product, it should be owned collectively. Therefore governments should invest in medical research, not corporations. This way it is even more clear that the benefits of the research should be shared by all, and not just be auctioned to the highest bidder.
    74. Re:Patent ruling is waste of resources by NDPTAL85 · · Score: 1

      Government get its money from taxation which can only come from economic activity. Unless you can think of some type of economic system where money can be created without trade then we're stuck with what we've got....which happens to be better than anything else available.

      There's one thing you can say about cold, callous bastards, they don't suck off the public teat. You'll never find one on welfare, they can pull their own weight.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    75. Re:Patent ruling is waste of resources by Anonymous+McCartneyf · · Score: 1

      True. But maybe, just maybe, it will be found sooner because the researchers had to do a workaround instead of building on the (in this hypothesis inferior) patented structure...

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    76. Re:Patent ruling is waste of resources by NDPTAL85 · · Score: 1

      They're not just paid salaries. They get profit sharing. There's no way the best scientists have to make do on a mere salary unless that salary is in the millions.

      A lot of scientists absolutely are motivated by profit. And profit happens to be the best way to allocate talent by encouraging the best to step up and try. Those who can't hack it in corporate labs SETTLE for government labs.

      Socialism just doesn't work. Quit trying to apply it to the medical industry.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    77. Re:Patent ruling is waste of resources by NDPTAL85 · · Score: 1

      Well answer the question.

      Do you care?

      And in light of your "modification" of my original question I'll ask you do you really expect to get something that is so hard to make for free?

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    78. Re:Patent ruling is waste of resources by senatorpjt · · Score: 1

      I'm doing my PhD research with grants from Novartis and Pfizer. So yeah, if they didn't have any money, i'd be out on the street.

    79. Re:Patent ruling is waste of resources by senatorpjt · · Score: 1

      A lot more people probably buy the brand-name Tylenol after they found random metal shards in the generic stuff.

    80. Re:Patent ruling is waste of resources by senatorpjt · · Score: 1

      You're not being retarded, but there's a big difference between reading a patent and a journal article. Patents are written in a sort of horrible mishmash of legalese and scientific jargon, and are deliberately as vague as possible because they're trying to prevent something from being used. They're useless for conveying an idea, they're designed to prevent as many similar applications of the idea as possible from being used.

      Whenever I do a search for information on something, I only look at patents as an absolute last resort.

    81. Re:Patent ruling is waste of resources by Anonymous+McCartneyf · · Score: 1

      Actually, for many people, their life is worth whatever their insurance company is willing to pay. Few people even know the full cost of their medical treatment; they only know the co-pays and insurance bills.
      Now, suppose you belong to an HMO. Suppose that you need treatment for some incredibly painful and/or deadly condition, that some particular treatment can be made by only one corp., and that this corp. is trying to charge $200,000 to the HMO for it. Let us also suppose that it's a recurring treatment, not one-time: most drugs work and are sold that way. If there is any cheaper alternative at all to something that expensive, a sane HMO will make you use the alternative.
      Therefore, if there is more than one treatment for any given painful condition, a smart company will charge only a slightly ludicrous price per dose/bottle. $200, yes. $2000, maybe. $200,000--no.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    82. Re:Patent ruling is waste of resources by senatorpjt · · Score: 1

      Developing an idea or process, releasing its details to the public, and patenting it has a negative effect, as it prevents others from disseminating that same idea or process to the public. By denying scientists the ability to build upon previous work, this undermines the very foundation of the field.

      That's not entirely true. A patent only prevents use for profit. For example, I have made patented substances for use in non-profit research, this does not violate the patent. If I make the substances and sell them, or use them to make another substance and sell it, I am violating the patent and need to pay royalties for it.

    83. Re:Patent ruling is waste of resources by senatorpjt · · Score: 1

      I can assure you, the absolute top scientists in pharmaceuticals don't make much more than $200K/year, and that's after a long time. The average is in the low $100's.

    84. Re:Patent ruling is waste of resources by Anonymous+McCartneyf · · Score: 1

      Noble idea, but slight problem:
      If the government is doing all the drug research, who determines if the drug should be released?
      The government? But that would require a more noble government than even corporate research would, if the government was the only one researching the drugs. We have problems even now with getting the government to recall things like Vioxx. What would have happened if the government had invented Vioxx and got all the patent revenue/pharmataxes?
      And if you think alternatives are bad now, what happens when only one entity is researching drugs? Once Lipitor is found, why hunt down Zocor? Why discover SSRIs if benzodiapazates work just fine? It may save money, but it'll cost something.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    85. Re:Patent ruling is waste of resources by vandan · · Score: 2, Insightful
      There is plenty of money at the top end. It's a bald-faced lie that this type of research is not affordable by governments.

      There's one thing you can say about cold, callous bastards, they don't suck off the public teat. You'll never find one on welfare, they can pull their own weight.

      That's ridiculous! How can you possibly say that they're pulling their own weight? They earn thousands of times what the average worker does. Surely they don't work thousands of times harder. It is these people exactly that bludge off society, hence their massive income without having to work for it. Their welfare might not be paid for directly by the state, but the state intervenes to make sure that they can continue to extract their magnificent profits from everyone else, while not actually doing anything productive. Sure, there are people on welfare that take a small proportion of the GDP, but by comparison, the top end of town take hundreds of times more.
    86. Re:Patent ruling is waste of resources by cas2000 · · Score: 1
      They're not just paid salaries.


      most are. the vast majority.

      They get profit sharing.


      some do. not many.

      There's no way the best scientists have to make do on a mere salary unless that salary is in the millions.


      yes, there's every way. it's the usual state of affairs for the vast majority of scientists, as it is for the vast majority of workers in every field.

      that especially includes the best scientists as well as the average scientists - the better they are, the more likely there are to be FAR more motivated by interest in what they're doing rather than profit....because it takes a huge amount of personal interest to BE the best.

      and managers know that, they know that most scientists will take a job based on how interesting it is...with income a secondary consideration at best (other factors like convenience, quality of colleagues, reputation of the lab/institution, etc usually come way before income). Scientists, while they are usually happy with what they get, are as exploited financially as any other tech worker. As a tech worker, they generally get paid significantly more than unskilled workers - but they don't get anywhere near as much as the management or owner classes.

      A lot of scientists absolutely are motivated by profit.


      some are. most are motivated a lot more by their intrinsic interest in what they are working on.

      And profit happens to be the best way to allocate talent by encouraging the best to step up and try.


      amazing how you can come to that conclusion when every single piece of research into the motivating effects of reward finds the exact opposite, that it actually de-motivates.

      i guess that shows you're no scientist since you prefer ideology to evidence.

      Those who can't hack it in corporate labs SETTLE for government labs.


      pure bullshit. some of the best (as in most interesting) research is done in government labs and other publicly funded labs, and some of it is done ONLY there because there is no prospect of short-term profit (of course, as soon as publicly funded labs discover something that has short-term profit potential, then the private labs jump on the bandwagon, getting a jump-start from all the publicly funded research).

      Socialism just doesn't work. Quit trying to apply it to the medical industry.


      how droll. i'm arguing AGAINST a form of socialism in the medical industry....or didn't you realise that government-mandated monopolies are a form of socialism?

      or maybe you're just the usual kind of blinkered corporatism-uber-alles philistine who *JUST KNOWS* that socialism and welfare are bad when people benefit from them, but natural and proper when business benefits?

    87. Re:Patent ruling is waste of resources by WhiplashII · · Score: 1

      to come up with a floating total gross value of all (or top 50%) stocks?

      One of the M values does include that, but I forget which one. The answer to your question is probably here, though as I have pointed out your reasoning is flawed. $46T is the value of all the US publicly traded stocks. Remember, though, that most of the value in the US economy is actually in small businesses. Those small businesses are not traded publicly, and so are not counted in these totals.

      It could be interesting to find out that 98 or 99% of M is actually owned by corporations and about .0001 percent of the american population.

      Like I say, you are going about this wrong - there are no corporations that exist unto themselves. The corporations are totally owned by people. In the US, by far most of the shareholders are normal people from the middle class. In other countries, most shareholders are from old rich families - which is why their economies cannot compete with the US successfully. On the page I linked, there is a breakdown of who owns US corporations. 14% is held by insiders - you would probably consider these people to be the "bad guys", CEOs and whatnot. 86% of the shares are owned by institutions, which are the mutual funds and pension funds that are in turn owned by the middle class.

      So, a smallish number of people, say 1%, own about 14% of the US market. And most of those got there because they built the company from nothing. In other words, they deserve the money - they created the value.

      In all seriousness, stop looking for the man trying to keep you down - he doesn't exist in the US (though he certainly does in other countries - not totally sure how the US avoided this, really). Instead try to build a company - come up with a value you can create, and then you get to keep a portion!

      --
      while (sig==sig) sig=!sig;
    88. Re:Patent ruling is waste of resources by vandan · · Score: 1

      If the government is doing all the drug research, who determines if the drug should be released?
      The government?

      Yes.

      But that would require a more noble government than even corporate research would, if the government was the only one researching the drugs. We have problems even now with getting the government to recall things like Vioxx. What would have happened if the government had invented Vioxx and got all the patent revenue/pharmataxes?

      You're basically saying that the system would be open to abuse, whether in government hands, or corporate hands. But consider this: at least we can vote out our government. They are directly responsible to us. We can't vote out corporate leaders.

      The problem with getting the government to force a recall of products is that the drug companies have literally billions of dollars tied up in the outcome, and therefore billions of dollars to spend to bastardise the political process.

      So firstly, we remove the corporations from the equation. Then, we write off research costs as they occur. Lastly, we charge the cost of production ( subsidized for those who can't afford it ) for all treatments.

      With all these pieces in place, we have:

      - no profit drive corrupting our government, hence no bad decisions to keep bad drugs / treatments
      - all people benefit from R&D, not only those who can afford it
      - no massive burden on taxpayers to provide drugs through medicare once they're researched ( only cost is R&D )
      - knowledge is collectively owned, as it should be

      Want drugs researched faster? Throw more money at it. This also allows drugs / treatments to be researched that wouldn't normally be pursued, as their are fears of patent issues, or unprofitability.

      But that would require a more noble government than even corporate research would

      Oh don't make me laugh! Governments are corrupt precisely because of corporations. Remove them and their bribes, and governments will be at least a hell of a lot better than corporations. Anyway, if you think you live in a democracy, how exactly would you make it any better than handing it to the government. Now don't get me wrong - I certainly have no illusions about our current world leaders. For example I wouldn't trust Dubya with the task - he'd find a way to fuck us all while bringing in the profits somehow, but at least we can vote him out ( in theory, in practice is of course doesn't work ).

      What would have happened if the government had invented Vioxx and got all the patent revenue/pharmataxes?

      Well, firstly, under my model this wouldn't have happened, as when you remove the profit incentive, drugs are actually researched properly before being dumping on unsuspecting people.

      Secondly, the whole process of R&D through approval through FDA approval would be a whole lot more transparent, meaning that you could actually track down the bastards responsible, and put them behind bars. With corporate secrecy, and the culture corruption, etc, this is impossible.

      And if you think alternatives are bad now, what happens when only one entity is researching drugs? Once Lipitor is found, why hunt down Zocor? Why discover SSRIs if benzodiapazates work just fine?

      Research would occur because people demand it. This is a very different situation from the current one, where research occurs to produce a product that is significantly different from a competitor's to be able to patent it and use it. This is where all the money goes at the moment, and the reason why so many untested drugs are dumped on the market and quietly removed when people start getting cancer etc from them.

      The simple fact is that we don't need a billion different drugs with a billion different patents. There are plenty of naturally occuring products

    89. Re:Patent ruling is waste of resources by GuyverDH · · Score: 1

      I definitely wasn't looking for "the man" that's keeping us down. I'm looking towards where a potential black hole in the economy could exist.

      If an M rating of available "cash" of 1.5T to 10T, and yet traded stocks value in the 45T, doesn't there seem to be a disconnect?

      How can the "value" of stocks be greater than the sum of all cash available?

      If there's only let's go high here, 15T in actual printed cash, not all of which is backed by anything other than our government's say so - or in reality - the Federal Reserve, which if memory serves, isn't even a government entity, but is or at least was, a privately held entity, then how can we possibly come to a total "stock" value of 45T? Then add in this even larger number which includes the value of all the privately held entities, and we start to see a huge disparity.

      You can't have "value" without something to stand behind it. ie - we used to use gold, then silver - now the word of the Federal Reserve?

      If we have all of these corporations looking to improve their bottom lines by raising cash, stock value, investor returns, etc.. What is the limit? What are the repurcussions of an all out failure in the system? Where will the minimum 30T in cash come from if all the stocks were to be (I know there are trading limits and market shutdowns) somehow cashed out, without their prices bottoming?

      In the end, we have a system which allows artificial inflation of value based upon artificial numbers with nothing of substance behind them - ie - a company with 50 billion in stock value, doesn't have 50 billion in gold sitting around to back that value.

      All in all, the stock market sounds an awfull lot like the federal government. Run out of money, no problem - the companies that play the market game will just "print more stock" so they can keep spending - as long as they can get someone to "buy" it.

      Essentially, what we have, is one of the world's largest Casinos, operating without gambling permits.

      I'm not sure how best to word this, however, the closest I can come to is that there should be something that "restricts" the value of all privately held companies, publicly held companies, stock values, etc to the "actual amount" of "valued cash / gold / silver" that is currently available.

      Without this limit, all it is, is a virtual economy, that if you look carefully, is nothing but faith in promises that by and large are forgotten as soon as the cash is pocketed.

      --
      Who is general failure, and why is he reading my hard drive?
    90. Re:Patent ruling is waste of resources by WhiplashII · · Score: 1

      If an M rating of available "cash" of 1.5T to 10T, and yet traded stocks value in the 45T, doesn't there seem to be a disconnect?

      I found a better site that may have better answers for you btw. The total physical cash is M0, is about $700B.

      In answer to your question about why isn't there a disconnect, think about this: There are more than 100 million households in America. I'm going to state without much evidence that the average value of these is more than $20,000 - I hope no one wants to argue that! That gives a total value of $2T - while there is only $700B in cash available in the US to buy those houses.

      All I can really say beyond that is that value is different than cash. Cash has a value. Other things have value. Value is not cash. Cash is a useless thing arbitrarily given value so that exchanges can be made more easily. (BTW, the US dollar is backed by the "full faith" of the US government - so they are supposedly on the hook for it. The reason the Fed is actually in charge instead of the US government is that it turns out that trusting the government with your money is a bad idea - go figure).

      Where will the minimum 30T in cash come from if all the stocks were to be

      Stock is not cash - stock is a contract that gives you a split of ownership, mainly of future revenues. So the worst case crash is every stock goes bankrupt - when a company goes bankrupt, all the assets are sold and the cash goes to pay off debts. Due to the definition of bankruptcy, at that point there is no money/revenue left to pay shareholders, so the stock has zero value. So this would never be a cash-crunch situation.

      we have a system which allows artificial inflation of value based upon artificial numbers

      OK, so lets say that I have a company worth $50B, and 1 billion shares of stock (thus a share price of $50). I then print 1 billion more shares of stock, and give them to my friends. Besides the shareholder lawsuit, the immediate effect is that the price per share drops to $25. The value of the company did not change - just the number of shares (this is, of course, illegal in most situations I can think of). An alternative is that (from the same starting position) I sold the shares for $50 each (remember that the shares are owned by the corporation when created). I now have a company worth $100B (the original $50B plus the new $50B I just raised) with 2 billion shares, which gives a net price of $50 per share. This is how companies get funded before they show a profit.

      So the obvious follow-on question is why does the company have a value of $50B? Isn't that just made up? The answer is no: the value of a stock is the discounted value of all future cash flows (profits) of the percentage ownership of the corporation that the stock represents. Discounting is done for two factors - one is probability of the profit, the other is time. If you want to mess around with calculations, a typical discount rate for a company is 15% per year - you take what they will make next year, discount it by 15%, the year after that by 1.15^2, and so on. The challenge is that you're predicting profits - which is hard. So often people just take the profits per share and multiply it by an industry standard multiple - say 25 times. If you work through the math, you can show that this assumes that the companies growth rate will be 4% less than the discount rate applied - so it really is the same thing, just grossly simplified.

      So why do company stock values increase? Because the profits of the company increase over time. So basically, what this is saying is that a growing company has their stock price go up, while a company that just holds it's own has a flat stock price - because the cash you paid for it exactly covered its value, and its value is not changing. (You would expect dividends from this type of stock - note that Microsoft just converted to this type to a certain extent)

      You say you'

      --
      while (sig==sig) sig=!sig;
    91. Re:Patent ruling is waste of resources by Firethorn · · Score: 1

      no it's not. researchers keep notes and journals and diaries. anything developed in too short a time to be reflected in a journal is likely to be too trivial/obvious to even deserve a patent.

      I'm not a patent professional, but I'm pretty sure that a major company would be able to reverse engineer what might be a decade of research within weeks/months, which when combined with gear-up time, would mean that I have to profit from my discovery within about a year. This discounts corporate espionage which might trigger stuff even sooner. Therefore, I'm less likely to pursue my idea/discovery to fruitation.

      in any case, why should the rest of the world care whether you make loads of money for twenty years? if your idea is so useful, then it will be reinvented (and probably in a lot less than 20 years).

      Today. Just compare the level of innovation before patent protection to today, with it. We spent centuries more or less static. Again, it's more of a reason to maybe fine tune the system rather than throw it out.

      Our differences seem to boil down to your belief that commercial research will continue without loss of funding even if we got rid of the patent system and my belief that the loss of the patent system would mark a dramatic decrease in commercial research funding levels, resulting in less research going on even if the occasional snafu with patents happen today.

      it doesn't, actually. it does in some fields (like computers and electronics) but it certainly doesn't in the pharmaceutical field. most new drugs are discovered and developed in government funded labs, at universities and public research orgs, etc. it's only when they have something useful that it's sold (for a pittance, almost given away) to one of the big pharma companies to market and distribute.

      And you're incorrect. Drugs are not generally developed by the public sector, they're developed by the private companies. What the public sector generally provides is the underlying chemical and biological basis for whatever condition the pharma develops the drug to treat.

      --
      I don't read AC A human right
    92. Re:Patent ruling is waste of resources by FredMenace · · Score: 1
      This is the sole statement regarding intellectual property found in the US Constitution:

      "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"
      So... unless I flunked 6th grade English, the only reason to have patents and copyrights is to "promote the progress of science and useful arts".

      There is nothing there about "inventor's rights". In fact, from what I know about the thinking of the time (and over the next 150 years or so, as re-iterated consistently by courts and the legislature), the whole idea of intellectual "property" was considered fairly odious. The exclusive rights are a necessary evil in order to encourage dissemination of ideas. They are not intended as an inherent right of ownership.

      Of course, this all changed in the last 30 years or so as Congress became little more than a PR firm owned as a joint subsidiary by our largest corporations.
    93. Re:Patent ruling is waste of resources by Sabriel · · Score: 1

      Patents are simply recognizing the inventor's right to say, "I'll show you how to do X if you promise to do Y."

      Anyone can say "I'll show you how to do X if you do Y for me." What a patent means is that you still have to do Y for me, even if you figure out X on your own.

      Regardless, whether patents were a good or bad idea is moot. The existing system does not scale well enough to cope with the creative output of six billion independent human minds; it is now a hindrance, not an aid, to the promotion of science and the useful arts.

      What - if anything - should replace it is a different discussion.

    94. Re:Patent ruling is waste of resources by dosquatch · · Score: 1

      Well answer the question.

      Do you care?

      And in light of your "modification" of my original question I'll ask you do you really expect to get something that is so hard to make for free?

      Who said free? I know R&D isn't cheap, I know synthesis of some of these drugs is delicate but... let me back up for a minute.

      I like coffee. I really, really like coffee. It's my drug of choice. I don't feel functional in the morning until I've had a cup or two, but in spite of any words to the contrary I may say while indulging, my life does not depend on it. I will not die from the lack thereof.

      I am acquainted with the process that gets this wonderful stuff in my morning mug. The plants only grow in very certain climates, with very certain soil conditions. Picking the berries is done by hand. The process of removing the flesh from the bean, curing, drying, roasting, etc. etc. etc. is time consuming and very labor intensive. Each step is its own delicate art, and a screwup in any one of the steps will hose a whole batch. Make no mistake, coffee is very hard to make.

      $3.99/lb.

      The R&D budgets of the junk food industry are every bit as large as the R&D budgets for the drug companies, and the competition is every bit as serious. A company may go through anywhere from a dozen to a couple hundred variations on a new recipe while trying to get the desired reaction from a test group before settling on the composition and appearance of a new product. Their labs are staffed with a combination of chemists and professional chefs.

      $0.50 for a pack of Twinkies. $3.50 for a bag of cookies.

      My Grandmother is taking a drug for a heart condition. Her life DOES depend on it. If she cannot or does not take this medicine, she will die. 1 pill twice a day.

      $56.45 per dose. That's a steak dinner and a bottle of wine for two, twice a day. That's 29 pounds of coffee per day. That's 220 packs of Twinkies per day. Do you see where I'm going here?

      The process of finding the right molecule to treat a certain disease is time consuming and expensive. The process of synthesizing that molecule once you find it quite often is no more difficult than introducing the right chemicals together and collecting the percipitant. Sometimes the process approaches the complexity of getting coffee from plant to market.

      The difference is that, with a drug, you have a captive audience. You are in the luxurious position of having somebody's life by the balls and can demand almost any silly price you can dream up because, what, they're going to tell you "No" and die instead?

      You're damned right I question their motivations. I question the motivations of any person or industry that routinely holds people's health, and sometimes lives, hostage to prices they know are burdensome at least, if not impossible, not because they have to, but simply because they can, when instead they could just as easily charge something on par with a dose of Twinkie. But why should they? Those shareholder's dividends are way more important than my Grandmother's life, don't you think?

      So to answer your question - yes, actually, I do care.

      --
      "Hey, the third matrix movie would have been good except for the plot,story, and acting." --AC
    95. Re:Patent ruling is waste of resources by roman_mir · · Score: 1

      This would only apply if your cup of coffee could heal the sick. Clearly this is not the case, so your comparison is quite childish. Do you understand the difference between medical technology that can ease suffering and cure disease, and your cup of coffee? Think about it. - reread the original statement. I was not talking about 'my cups of coffee', I was laughing at your idea that somehow an inventor owes the society more for any other service/product than any other member of society.

      You can't steal knowledge. And what of the lives that are being stolen because this technology is not shared? - reread the original statement. I was making any comments about 'stealing knowledge'. You should take what I said there at face value.

      Oh the melodrama! Sure people are always dying. But some are dying unnecessarily. And if you look at my post, I said that people should be able to make a fair living off their research, which is a far cry from your claim that I'm trying to 'steal' it from them. Pirates! Everywhere! Pirates! HELP! - the melodrama is in your reply. I wasn't talking about any 'pirates'. I said that the terms, at which an inventor decides to release his/her invention must not be dictated by anyone but the inventor. Everything else is up to the courts to decide.

      What is quite funny is that you believe you have some sort of a moral imperative to decide for others what is 'fair'.

      You mean like people's lives ? You, too, need to have a good hard think about yourself. Perhaps a dash of curable disease that you can't afford treatment for would do you some good. - people's lives are worth nothing, the only thing that counts is quality of life of specific people about who I care, that's all.

    96. Re:Patent ruling is waste of resources by Anonymous+McCartneyf · · Score: 1

      There is a difference between a patent and a trade secret. Maybe not as much as there should be, but there is one. Patents blockade certain research paths, yes, and that is annoying-to-deadly, but at least the competition has an idea what the blocked paths are, and can prepare for the day when they can be pursued. Patents haven't been expanded anywhere near as much as copyrights, so for now we can be confident that the day will come. Trade secrets can be discovered independently or through spies; but if they aren't, then and only then is the research known only to the inventor.
      You will get the research that is patented--someday. You might never get research that has truly been kept secret. For-profit drug corps., and drug corps. that want to pay back their R&D investments, must use one method or the other until something better comes along. It's not just you paying.
      Don't tempt corps. to apply the full weight of copyright law to drug-research papers.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  3. fallacious by joelt49 · · Score: 0, Troll

    The statement, "We in academic medicine can either choose to use our ideas to make large sums of money for small numbers of people, or to look outwards to the global community and make affordable medicines," is fallacious. Here's why.

    1. Drug companies have to turn a profit; otherwise, they don't produce the drugs.
    2. The more money a drug company makes off a medicine, the more valuable it is. A drug company's profits are a function of how much people value that drug -- the drug's social utility (this is basic economics).
    3. Once the drug companies patents run out, anyone can produce generic medicines cheaply.

    Large profits give drug companies an incentive to develop the most useful medicines (the more profit, the more useful it is), and bringing a drug to market is very, very costly, especially in the US with the f*cked up FDA and all that. However, patents do expire after a time, and then everyone can benefit from the cheap medicines.

    Look at it this way: What's better -- not having a drug at all, or having the drug be very costly for about 14 years and then having cheap generic equivalents? (While you can make the argument that a specific drug X or Y would still be developed in the absence of profit motives, this is overlooking the fact that reduced profits mean a reduced incentive to produce drugs in the future. This won't apply to every single drug, but rather is a statement about a general trend which does have exceptions.)

    1. Re:fallacious by someone1234 · · Score: 1

      Unlikely. As the above example shows, you don't need extra profit to develop a new drug. Patenting a drug, thus making it unavailable to someone else is plain murder. A more sophisticated and 'civilised' way of murder, but still it is murder for money.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    2. Re:fallacious by wired_LAIN · · Score: 1

      There are alternatives... like for example, allowing generics to be sold in 3rd world countries while preserving the patent in the USA & other developed nations. Or they could do zone pricing, where certain zones get cheaper drugs. The latter might even bring in a profit for the company, allowing them to sell to consumers (in developing countries) who previously could not afford the patent-inflated prices. Yes, I'm aware that there could be issues with this (smuggling the cheaper drugs back into developed countries), but I'd say that the benefits (millions of lives saved or improved) vastly outweighs the effort required to overcome these barriers.

      --
      It is better to light one candle than to curse the darkness.
    3. Re:fallacious by joelt49 · · Score: 2, Insightful

      Your comment shows a fundamental misunderstanding of the way things work in a capitalist society. Even with this drug, the researchers will have to convince some drug company to manufacture and distribute this drug. How will they do it? By convincing the manufacturer that they will be able to make a profit off of it. Here's the crux of the issue -- you state, As the above example shows, you don't need extra profit to develop a new drug. That's true. But in rare circumstances. The key is when you say "a" new drug. Not many new drugs. Why hasn't this method been used for lots of other patented drugs? Most likely b/c it's impracticable on a large scale.

      You're unlikely to replicate the research large drug companies do in academia. Somebody has to pay for the research. The money has to come from somewhere. That somewhere is usually from profits from drugs. And as I said earlier, profits are an indication of social utility -- how much people value the drug. The more profits, the more people value the drug. The larger the profit, the more good the drug does, and the more incentive to produce that drug (which is why capitalism is pretty cool). While you are denying people the drug now, it will be available to them in the future. With most patented medicines, the drug wouldn't have been developed in the first place if the drug companies didn't think they could have turned a profit. As I said, it's better to have the drug available in 14 years or so (or however long patents expire) than not have the drug available at all.

      And admittedly, I haven't read the article. However, the summary mentions that the researchers are mimicking the actions of a patented drug. How do you think it was found out that this particular action helped in the first place? I'd be willing to bet my $.02 that it came from commercial drug companies hoping to make a profit.

      Bottom line: Drug companies have to make a profit. They have to recover costs (and R&D costs are huge, as are clinical trials, and a lot of money gets spent researching drugs that will never make it to market). Patents ensure this and also incentivize drug companies to develop the most useful medicines.

    4. Re:fallacious by MemoryDragon · · Score: 1

      Problem is that most money is not spend on research but on advertisement... about 2/3rd of the drug money goes into ads, and marketing.

    5. Re:fallacious by joelt49 · · Score: 1

      I never said the current system was perfect. I will agree that it (like everything else) is imperfect.

      OTOH, be aware that, for example, companies tried to develop cheap generics of patented AIDS drugs for use in Africa. And they didn't go through thorough testing. And it turned out that the drugs weren't as good as the brand-name ones (in this case, it involved taking cocktails of drugs and putting them into one pill -- something even the patent holders hadn't been able to do successfully). In this case, the drugs weren't as effective, which then led to drug-resistant HIV viruses surviving.

      Good intentions, yes. But we know where they lead....

    6. Re:fallacious by GravelordBocephus · · Score: 4, Insightful

      "(the more profit, the more useful it is)" So a treatment for cancer taken three times daily for the rest of your life is more useful than a cure for cancer? I'll keep that in mind.

    7. Re:fallacious by KKlaus · · Score: 1
      The more money a drug company makes off a medicine, the more valuable it is. A drug company's profits are a function of how much people value that drug -- the drug's social utility (this is basic economics).

      And this relationship explains the focus on treatments rather than cures, on insomnia rather than malaria, and on legal games* and marketing rather than research. I'll give you a fun fact, namely that only 15-20% of the average pharmaceutical's budget goes to research, far more goes to advertising (classy huh?).

      There is value in some sort of protection for medical IP, but this story is a perfect example of where your argument doesn't apply, and isn't accurate. No profits, yet somehow the drug was developed anyway and will now have far greater utility. Profit as motive doesn't always work, particularly when the richest people tend to have the pettiest health concerns. Why make something for Javier dirt farmer (when he only has a few bucks to give you) when you can make something for joe gated community and he has insurance? And the answer is of course you wouldn't and so you make yet another well marketed ED med, instead of something for Typhoid.

      * read (for example) about getting another few years by filing claims pretending to be consumers concerned about the effectiveness of generic replacements or getting another 20 simply by gel coating the drug

      --
      Relax I just want some peanuts.
    8. Re:fallacious by FinalMidnight · · Score: 5, Insightful

      Wow! I'm gobsmacked at your sheer, unabashed ignorance of "The way things work".

      To the first: what do you think the ratio of new drug research is to profits? For a major drug company? Conversely, what do you think the ratio of marketing vs profits? Got a clue? No? Feel free to go do a little googling. It is an open secret that drug companies spend almost nothing (compared) on research into new drugs. Even then the research directed is in very, very specific (eg profitable) areas. Hint! It makes a lot more money to market a drug for "Erectile Disfunction" than to actually make a simple, cheap cure for just about any disease you care to name.

      To address your second point: The profits made from a drug are a reflection of the profitability of that drug. Nothing more or less. Concrete examples of how _value_ and _profit_ are distinct concepts to follow.

      To the third: Once patents run out, drug companies market new, patented drugs. Older, generic drugs are not marketed. Part of the reason this happens is that drug companies advertise directly to doctors (who write the perceptions) and part of the reason is that drug stores make more money selling drugs that cost more. There are a bunch of simple ways to fix most of this in legislation. That, however, is another can of worms.

      Examples of point two and the relationship with point three:

      Ritalin: Heard of it? Great! How about Dexamphetamine? Not so much? Little known fact! Dexampetamine is a more effective treatment for ADD and ADHD than Ritalin. However it is perscribed less than a fifth as much. Why? Because the patents on Dexamphetamine ran out years ago. It can be made by any drug company and is a commodity item. Profits are very, very low. Ritalin is very profitable because it is a treatment. A patient will need to continue to take Rtalin for years. Possibly forever. Profitability: High! Value: Fuck All! Ritalin does a worse job than a drug that costs less than a third of the price.

      Treatment of stomach ulcers: A method of curing stomach ulcers has been around for more than ten years. Thats right, A complete cure! The Australian who discovered the cure was under attack from many major drug companies, who attempted to discredit him and his research. Why? Because anti-acid treatments of stomach ucers are a) Patented and b) something that needs to be taken _forever_. The cure relys on a simple, generic anti-biotic and some mineral treatments. Not patentable, therefore no profits.

      If you give a shit about any of these issues, you might be interested in the process of testing and approval that goes on in the USA compared to other countries (Like the UK or Canada) and what the differences mean. You might also be interested in the "Evergreening" of medical patents and the blatant kickbacks that medical companies give Doctors and Pharmacists.

      And YES, I am a fucking Pharmacist.

      --
      In the maelstrom of the chaos at the center of my mind, I taste the salt of sadness as I feel my soul unwind.
    9. Re:fallacious by poopdeville · · Score: 2, Interesting
      1. Drug companies have to turn a profit; otherwise, they don't produce the drugs.

      False. Research can be done under the auspices of a non-profit organization or university, as was done in this case.

      2. The more money a drug company makes off a medicine, the more valuable it is. A drug company's profits are a function of how much people value that drug -- the drug's social utility (this is basic economics).

      Clearly false. An effective, cheap vaccine against HIV, say, would be far more valuable than all the Viagra in the world.

      3. Once the drug companies patents run out, anyone can produce generic medicines cheaply.

      Yes, after denying the public access for 20 years. Ever heard of the Hippocratic Oath? See: http://slashdot.org/comments.pl?sid=214714&cid=174 41208

      Funnily enough, you misinterpreted Professor Shaunak's quote. Here's some context from the BBC article:

      Currently, many of the scientific advances which eventually lead to effective treatments are developed within universities or by researchers working for charities, but that 'intellectual property' is then sold to pharmaceutical companies who bring the product to market.

      Professor Shaunak called for a different approach - for academic institutions to go into competition for cures with 'big pharma'.

      "We in academic medicine can either choose to use our ideas to make large sums of money for small numbers of people, or to look outwards to the global community and make affordable medicines."
      --
      After all, I am strangely colored.
    10. Re:fallacious by jandersen · · Score: 1

      1. Drug companies have to turn a profit; otherwise, they don't produce the drugs.

      Do they really? Perhaps drug research should be limited by law to universities and not-for-profit organisations. The people who do the actual research are not the ones that rake in the hundreds of billions each year - that's the stockholders, who by God have enough already.

      2. The more money a drug company makes off a medicine, the more valuable it is. A drug company's profits are a function of how much people value that drug -- the drug's social utility (this is basic economics).

      Which is why they tend to do far more research in luxury problems (such as rejuvenation and weight loss for rich Americans) rather than trying to solve the big devastating diseases of the poor, such as malaria and other major killers. If they were not in it only for the money, they could solve those problems in just a few years - it is only a question of effort. But as I once heard a doctor friend of mine say: The medicine companies don't like medicine that cures people - once you cure a disease, you don't more money from that patient.

      3. Once the drug companies patents run out, anyone can produce generic medicines cheaply.

      Well, then the patents should run out far more quickly than they do now. The patent system was created in a time where communication and research happened a lot more slowly, and it made sense that you could hold a monopoly for a longish interval; but nowadays 20 years of monopoly is totally out of proportion. I'd say the expiry period should be about 2 years; or 5 max.

      What's better -- not having a drug at all, or having the drug be very costly for about 14 years and then having cheap generic equivalents?

      This is a question designed to deceive, my friend. You know perfectly well that these are not the only two alternatives. I have outlined a couple of others above: make the patents period shorter, require that drugs companies are not for profit etc. There are many other ways; drugs research could be entirely state owned and free of any patents. As it is now, the drug companies look dispropotionately at the problems of the richest people in the world: age related problems (like cancer that mostly affects the elderly) and cosmetic problems. For example, have a look at http://en.wikipedia.org/wiki/Tropical_diseases for a list of very serious diseases that receive far too little attention despite the fact that they kill people by the million; but of course they are just poor people, so they don't really count - not to an American, that is. Or am I wrong?

    11. Re:fallacious by Anonymous Coward · · Score: 0

      "Look at it this way: What's better -- not having a drug at all, or having the drug be very costly for about 14 years and then having cheap generic equivalents?"

      What is better ? Treating the symptoms or curing the disease?

      Think about that sentence. What is the incentive to cure the disease? In fact the incentive is to create the perseption that you are diseased and treat that ... now how likely is that to happen ?

      Giorgis

    12. Re:fallacious by montyzooooma · · Score: 1

      These researchers don't work for a drug company they work at a university. What they're saying is that most research is now commercialised and findings like this would normally be licensed to a big company. This is at odds with the traditional view of public research which was for the benefit of everybody. Pretty rare to find any serious research going on nowadays that isn't either sold to or spun off into a commercial enterprise. Licensing the technology to all takers for a modest amount means they don't have to find anybody to make and market these drugs because the need will inevitably lead to somebody picking it up be it a government or charitable organisation.

    13. Re:fallacious by KDR_11k · · Score: 1

      Even with this drug, the researchers will have to convince some drug company to manufacture and distribute this drug. How will they do it? By convincing the manufacturer that they will be able to make a profit off of it.

      Since this drug is in high demand with the governments of several nations it shouldn't be hard to find someone to make these even if it wasn't profitable. If in doubt you'd just rely on the cheap meds industry that usually makes medicine whose patents have expired. Considering the high prices of most drugs that are still under patents (and that this drug is a competitor to a very expensive drug) selling them at a lower price than the patented drug would make it easy to take most if not all of the market from the competition. Since these are aimed at developing nations and those can't really afford a 16k$/a treatment it not only steals the original drug's market but also covers markets the original drug did not.

      Hey, there are governments willing to declare martial law just to circumvent drug patents. There's a LOT of demand for drugs that treat third world diseases while being sold at third world prices.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    14. Re:fallacious by Anonymous Coward · · Score: 1, Interesting

      I work in the financial side of the health care industry (auditing hospitals, basically). I'd like to comment on your peptic ulcer example.

      It is well understood that most (around 75%) of peptic ulcers are caused by an H. pylori infection. Unfortunately, the other 25% are caused by potentially serious conditions. My boss, an M.D./Ph.D. told me and my colleagues that he wouldn't hesitate to prescribe a round of antibiotics to his family members and trusted associates for an ulcer in lieu of invasive tests. But a doctor's liability is too high for that to become common in a hospital setting, leading to expensive invasive procedures.

      Sorry for the tangent -- your comments reminded me of what my boss said. I don't intend to dispute your point regarding ulcer treatments. It is a practice our company intends to stamp out.

    15. Re:fallacious by BCoates · · Score: 1

      It doesn't matter how much they spend on advertising. It's not an alternative to paying for research. There isn't some fixed pile of money in the industry being divided up between research and advertisment. The investment world will dump as much money on pharma companies as the investors are guessing can be spent and return a profit.

      If advertising the hell out of a product during a drug's short patent life increases the total profit, that means more return for investors, which means the whole industry can support that many more billions of dollars a year in investment before the profits get diluted back to the same return rate everything else gets. Some of this money will be spent on research, research that wouldn't happen otherwise.

      If they cut back on advertisements (which net a profit for the company or they wouldn't be doing them), they wouldn't have more money for research, they'd have less money period, as the investors would just go elsewhere.

    16. Re:fallacious by bitkari · · Score: 2, Insightful

      You're unlikely to replicate the research large drug companies do in academia.

      The good folk at The Wellcome Trust might disagree with you there.

      And unlike purely commercial entities, and while they do commercialise some of their efforts, they aren't trying to extract as much profit as possible like Pfizer, GSK, AstraZeneca are.

      Bottom line: Drug companies have to make a profit. They have to recover costs

      Drug companies DO have to make a profit, but to say that this is to recoup their R&D costs is a little naive. These companies must return a substantial profit for their shareholders. R&D is simply a means to an end, and that end is shareholder value.

      Non-profit entities (as nicely detailed in TFA) are quite able to make great advances in medical science without the requirement for profit.

      Pharmaceutical companies could then strive to manufacture these "open" drugs in as an efficient way as possible, in an effort to compete with other manufacturers. This competitiveness would give us, the public cheap, quality drugs, and allow the manufacturing companies to make a profit.

      This is capitalism as it should be. This is medicine as it should be.

    17. Re:fallacious by Xenna · · Score: 1

      Clearly false. An effective, cheap vaccine against HIV, say, would be far more valuable than all the Viagra in the world.

      More valuable by whose standard? How did most of these people get HIV in the first place? Because at some point they valued having sex higher than the perceived risk of getting HIV. Apparently, people value having sex a lot. That's not surprising, evolution would suggest procreation is as important as self preservation. Therefore a drug that helps people having better/more sex may very well be valued more than a vaccine that lowers the perceived risk of getting HIV depending on who you ask.

      Obviously a vaccine against HIV would help everyone having more/better sex too, so I guess it's not such a very good example. My point is that it's very difficult to make these value decisions for other people. For me the value of lighting a cigarette is very negative. I never smoked. Other people value it so much that they're willing to risk their lives for it.

      The money flow is just an indication of the underlying value system.

      We're not that rational, really...

      X.

    18. Re:fallacious by Anonymous Coward · · Score: 0

      The money flow is just an indication of the underlying value system.

      You're autistic, right?

      Let me break it down for you: According to the money flow metric you espouse, you are more valuable than about 200 africans. That's wrong. Very very wrong.

      Comparing a drug that gives an old fart a boner to a drug that can stop the spread of a deadly disease is wrong. Very wrong.

      Grow some compassion.

    19. Re:fallacious by Anonymous Coward · · Score: 0

      You measure value in resources, as in exchange within a world economy.

      Trouble is that many Africans don't really produce a lot that's valued a lot by the world, so they aren't yet a rich country. Industrialized nations make money by producing lots of interesting goods, so they have money to burn on medicine.

      Higher life standard follows development.

      I'm all in favor of doctors and companies trying to help poor people, mind you, I'm only explaining the situation. The best would be if Africa would get their brains together and start building an economy, instead of that stupid gang-fighting and dictatorship mess they're having down there. There have to be certain preconditions for an economy to thrive (and the EU and USA had those conditions, so they could develop, just like many Asian nations do, right now), and many/most African countries simply don't have those conditions in place, just like many South-American countries don't too much, either. Yes it's sad, but that's the reason Africa doesn't get cheap medicine. If you don't like that, change their economy, or develop drugs for them yourself.

    20. Re:fallacious by rkd2110 · · Score: 1

      You obviously missed the entire "There are other ways to incite drug/tech/whatever development, than the current patent system" discussion going on around here for the last, oh kazzilion years. You don't have to RTFA, but at least read some of the previous comments.

      Saying that the *ONLY* way a company can be motivated to create a new needed drug is to give it absolute, monopolistic power over a life saving/enhancing product, is kind of, well, dumb.

    21. Re:fallacious by Anonymous Coward · · Score: 0
      You know nothing. Or at least, nothing of any value. Without patents we would have more and better drugs from competition; drug companies (and there are only two or three of any importance, partly due to the power a patent gives to eliminate competition) waste huge amounts of money and make very slow progress because they have no incentives - they just sit on their patent cash-cows. The profit motive is perverted by the patent system, it is neither created nor harnessed.

      Quite often they patent things that aren't even theirs, which is theft in my book.

    22. Re:fallacious by nagora · · Score: 2, Insightful
      Large profits give drug companies an incentive to develop the most useful medicines (the more profit, the more useful it is)

      You have perfectly summed up why drug companies spend most of their time (and budgets) on fleecing rich people instead of curing poor people.

      While you can make the argument that a specific drug X or Y would still be developed in the absence of profit motives, this is overlooking the fact that reduced profits mean a reduced incentive to produce drugs in the future.

      Reduced profits is not "no profits" and the incentive of having to compete would in fact be a much greater push to produce new drugs once the artificial protection period of the patent was removed.

      Your argument makes the incorrect assumption that drug companies want to cure disease. They do not; quite the reverse, in fact. They can't make money off healthy people.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    23. Re:fallacious by KDR_11k · · Score: 1

      Also Ritalin has nice side effects that make me think I'd rather have AD(H)D than take that crap.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    24. Re:fallacious by Znork · · Score: 2, Insightful

      "Large profits give drug companies an incentive to develop the most useful medicines"

      No. A monopoly give drug companies a large incentive for marketing. And fails to give drug companies appropriate market incentive for efficiency. 80% of pharma revenue is spent on marketing, administration and inefficient production. The R&D is just a necessary evil to obtail the particular monopoly necessary; witness the classic twist-a-molecule game to gain another 20 years monopoly with minimum investment and minimum improvement over current drugs (coincidentally, the particular game that is turned against the pharmaceuticals in this case).

      "Look at it this way: What's better -- not having a drug at all, or having the drug be very costly for about 14 years and then having cheap generic equivalent?"

      How about this alternative: having _five times_ the current amount of medical R&D and no pharma marketing at no increase in cost, or the same R&D but at a fifth of the cost and no pharma marketing?

      Monopolies are a crap way to create any way or form of efficiency. The IP sector is no different from any other sector; protect companies from competition and you get bloated inefficient organizations capable of wasting unlimited amounts of funding and revenue.

      Of course you'll see those bloated corporations claiming the monopoly is necessary; for their current level of inefficiency it _is_ necessary. However, that inefficiency itself isnt necessary, and a free market situation would force them to correct it, while leaving us free to more appropriately steer money into R&D.

    25. Re:fallacious by Xenna · · Score: 1

      You're autistic, right?

      No, but apparently the incidency among AC's is rather high...

      According to the money flow metric you espouse, you are more valuable than about 200 africans. That's wrong. Very very wrong.

      That depends on the Africans in question. Some of them are actually richer than me. In any case wrong has nothing to do with it. It's the only way things appear to work. Systems based on fairness have been tried many times but they always turned out even worse than good old capitalism. However great your ideals, you are responsible for the effects if things turn out badly.

      Perhaps, once you get out of puberty, you will reach the same conclusion. It requires an open mind and a healthy interest in the facts. I think it's a wonderful idea for people to try to create free or low cost medicines, but let's not try to break a system that has given us unparalleled health and technology, shall we?

      Comparing a drug that gives an old fart a boner to a drug that can stop the spread of a deadly disease is wrong. Very wrong.

      It wasn't my idea to compare the two.

      Grow some compassion.

      In sensible people compassion is governed by ratio.

      The university people in the article could have chosen a better path by starting a company and using their ideologically limited profits to develope more medicines. Bill Gates may or may not be a rat, I'm pretty much convinced that he has done more to fight malaria than you and me put together.

      X.

    26. Re:fallacious by janek78 · · Score: 3, Interesting

      Could you clarify that about treatment for stomach ulcers? I thought that omeprazole was already off patent (we have 11 brands available here in the Czech Republic). The cost of treatment for omeprazole is about $0.33 to $1 a day here. It is usually given for 6 weeks, so the total cost is something up to $40. And it actually compeletely cures the ulcers! Wow! Amazing.

      I suggest you go back freshen up a little before you come preaching here.

      And YES, I am a fucking doctor and no I don't have any shares of pharma companies. :)

    27. Re:fallacious by Anonymous Coward · · Score: 0

      I salute these guys anyway, mostly because I am poor and have active hepatitis C and my health is worsening quite fast. In other words I will die slowly in a few years, just to make shareholders of Schering-Plough , Glaxo-Smith Kline etc happy.
      I have never understood why drug companies choose not to sell or license drugs for cheaper prices for a poorer nations. They won't have a huge profit probably, but it will be a profit anyway. Instead they just let people die if they can't keep up with their profit margins. Their business position is simple - buy our price,or die, no talk.
      Also remember most research is done in universities and other organizations, drug companies just snatch most valuable research and make profit from it.

      P.S. in my country most of drug distrubutors have roots in organized crime groups. Legal drug business is so profitable (and legal) so they try to keep their hands on it at all costs and methods possible.

    28. Re:fallacious by gunnarstahl · · Score: 0

      Hi FinalMidnight,
      I did some googling for the stomach ulcer treatment and ran about this side: "http://vianet.net.au/~bjmrshll/". Is this the guy you talk about?

      Yt,

      gunnar

    29. Re:fallacious by Anonymous Coward · · Score: 0

      > And YES, I am a fucking Pharmacist.

      But you can't spell prescription?

    30. Re:fallacious by balloonhead · · Score: 2, Interesting

      You're really a fucking pharmacist? You don't seem to actually have much concept of the way things work.

      Stomach ulcers have a cure. In some people. Those with helicobacter. And it's not just an antibiotic - it's three drugs (amoxicillin, metronidazole, and a PPI of your choice - let's say omeprazole. You mention a mineral (presume you mean bismuth?). There are a few different treatment regimens available, some with differences. I believe you can even get them as one pill with all the drugs in. Usually a week's course.

      However, that doesn't address:
      1. people who don't respond to this first treatment, or the second line treatment, or anything.
      2. people who have non-infectious ulcers
      3. people who have 'acid indigestion' - a myriad of diagnoses from oesophagitis, reflux, candida, and gastritis to functional dyspepsia (also called 'we don't have a diagnosis, but we've ruled all the treatable ones out, so w'll just treat your symptoms').

      And the drug companies love it because they can market 'new' drugs from old, cheap generics (i.e. package them as one treatment, put it in a fancy box - they're not going to make much money off those same drugs otherwise).

      Now, dexamphetamine is still a very popular drug for ADHD. I won't even go into how marketing directly to the parents causes overprescription as they demand that as it had the best glossy ad in their lifestyle magazine. Or how the condition is totally overdiagnosed by a society that is forgetting how to look after its kids (try it a hundred years ago, with no TV to babysit them while they eat their preservative laden dinner, before 4 hours of playstation then bed at 2am).

      (PS to the indignant parents of ADHD kids - your little precious may or may not be 'real' ADHD. That's not my point. The sad fact is it's becoming a diagnosis of convenience for shit parents).

      Anyway - I digress. There are a number of other holes in your statements (some of which have already been addressed by another physician) but in future, try to at least have a bit of knowledge about what you are talking about. I certainly don't believe you are a pharmacist, unless you trained a long time ago and never kept current.

      --
      This idea was invented by Shampoo.
    31. Re:fallacious by orasio · · Score: 2, Insightful

      The money has to come from somewhere. That somewhere is usually from profits from drugs. And as I said earlier, profits are an indication of social utility -- how much people value the drug. The more profits, the more people value the drug. The larger the profit, the more good the drug does, and the more incentive to produce that drug (which is why capitalism is pretty cool). Capitalism has some cool things. This is exactly where it fails.
      You are counting people as equals. You equate amount of money invested with people that benefit. That is just not true, specially in a capitalistic society.

      If your reasoning had any logic, then casinos would be more valuable for society than hospitals, because there's more money invested into them.

      The most money, globally, is overrepresented for rich people problems, like cancer and alzheimer. Globally, the most short term benefit for people as a whole would be acheived if that money was invested (as an example) into _cheap_ vaccines for AIDS, and other infectious diseases.

      The bias is set by concentration of wealth, and while it is the way things work and we should deal with it, it is a flaw in the system.

      Of course, the same thing happens in a less obvious fashion, inside developed and underdeveloped countries.
      Pharma companies get patents granted , and then the governments that granted them, are not able to pay for proper treatment for their citizens.

      If governments in general spent their money into funding research instead of paying for already invented medicine, there is no reason to believe, a priori, that the outcome would be worse than the current (bad) situation.

      Of course, it is more obvious in the third world. There is little natural incentive to honor foreing patents, and that is why trade agreements that protect "IP" are so important for the US and the EU.

      The issue is very similar to the proprietary software vs free software thing. The same thing was argued, back in the day, that big software could not be developed without funding, and the promise of future profit from licenses. That was proven to be non true. I'm really hoping something like that (not the same, but a system that shares some fundamentals witht he FSF) happens in the pharma industry. I think it could happen.
    32. Re:fallacious by Daetrin · · Score: 2, Insightful
      I've seen hundreds of commercials for antacids but this is the first time i've ever heard of an actual _cure_ for ulcers. As a doctor you may know about more effective treatments or even cures for any particular problem, but i don't think that in itself negates the grand-parent's argument that whenever possible treatments are what is pushed by pharma marketing departments, not cures, and if possible they'd rather sell a more expensive patented treatment than a cheaper generic one.

      And YES, I am just a normal guy with no medical training whatsoever.

      --
      This Space Intentionally Left Blank
    33. Re:fallacious by fafalone · · Score: 1

      You're a pharmacist and think dextroamphetamine is always better then methylphenidate? I highly suggest you pull out the prescribing information on those two products and look at side effect profiles, abuse potentials, risk of dependence, etc. Most people don't need the increased strength (and the problems that come with it) of dextroamphetamine, so methylphenidate is a better alternative. You know what works even better than dextroamphetamine? Desoxyn (methamphetamine). But that is only prescribed when nothing else works, and for a reason similar to why dextroamphetamine is only prescribed when methylphenidate doesn't work; while it's "better" since it's much stronger, it has significantly more common and severe side effects along with a much higher abuse potential/risk of dependency.

      Turns out this is the case in alot of these situations. Let's look at COX-2 inhibitors. They aren't any more effective at relieving pain than aspirin et al. (which bind COX-1 also), but alot of people can't tolerate the side effects of the OTC stuff. The side effects come from COX-1 activity, but the desired effect comes from COX-2 activity. So new drugs targeted exclusively to COX-2 with no COX-1 activity had all of the pain killing effects and none of the side effects.

      That's what alot of new drugs are about, reducing side effects so more people are able to tolerate the drugs.

      And YES, I am a fucking psychobiologist specializing in psychopharmacology.

    34. Re:fallacious by zubernerd · · Score: 1

      Omeprazole (aka Prilosec) alone won't cure ulcers, but in combination with antibiotics it can. In the US, except for OTC antibiotic ointments, antibiotics in anything require a prescription.

      To quote wikipedia:
      "Use in Helicobacter pylori eradication

      Omeprazole is combined with the antibiotics clarithromycin and amoxicillin (or metronidazole in penicillin-hypersensitive patients) in the one week eradication triple therapy for Helicobacter pylori. Infection by H. pylori is the causative factor in the majority of peptic and duodenal ulcers."


      Also see "Management of Helicobacter pylori Infection" ( http://www.aafp.org/afp/20020401/1327.html )

      And no, I'm not a medical doctor, but I did stay at a Holiday Inn Express last night...

      --
      Accentuate the positive, don't waste your mod points on the negative.
    35. Re:fallacious by Anonymous Coward · · Score: 0

      "not to an American, that is."

      Too bad it was a well written comment, until that statement. You've managed to ruin any credibility you may have had by inserting an unecessary but trendy anti-American comment. If you would refrain from deliberately antagonizing Slashdot's largest reader base, you could perhaps enlighten some of them with your otherwise insightful comment.

    36. Re:fallacious by aproposofwhat · · Score: 1
      So new drugs targeted exclusively to COX-2 with no COX-1 activity had all of the pain killing effects and none of the side effects.

      Possibly none of the same side effects, but a heart attack may make you think twice!

      And no - I'm not at all medical, but I am a fucking pedant.

      --
      One swallow does not a fellatrix make
    37. Re:fallacious by Anonymous Coward · · Score: 0

      The university people in the article could have chosen a better path by starting a company and using their ideologically limited profits to develope more medicines.

      Since it's of course trivial for them to acquire/do all the required equipment, journal subscriptions, money from grants, initial investments to not starve to death, clinical trials on their own. Right...

    38. Re:fallacious by Chris+Burke · · Score: 1

      Could you clarify that about treatment for stomach ulcers? I thought that omeprazole was already off patent (we have 11 brands available here in the Czech Republic).

      Ah, maybe that's the difference then. Yes it's off patent, and no it isn't advertised here in the states, and by the way much of the advertising is done directly to doctors. So between the advertising targeting patients and free samples and such given to doctors, nobody is asking for it. My father has an ulcer, and between ten different doctors only one brought up the antibiotic, but wouldn't prescribe it for what seemed to me spurious reasons -- since the helicobacter can be spread via saliva, his wife would have had to take it too, and it kills much of your digestive tract bacteria so basically you have the never-ending shits for a few days. Um, okay, a few days of the runs so that your spouse can be free of ulcer pain for the rest of their life? Sounds okay to me. Granted this is all from memory years ago, I'm not sure omeprazole is the same drug.

      The cost of treatment for omeprazole is about $0.33 to $1 a day here. It is usually given for 6 weeks, so the total cost is something up to $40. And it actually compeletely cures the ulcers! Wow! Amazing.

      Right, and yet few people even know it exists over here, antacids still reign as treatment. Which was exactly the GP's point.

      --

      The enemies of Democracy are
    39. Re:fallacious by TigerOC · · Score: 1

      There are various moral issues at work here. I am a retired pharmacist of 30 years and the son of a pharmacist.

      The key issue arises out of the decision in the 1950's to allow pharmaceutical manufacturers to operate outside the ambit of professional bodies. Prior to the '50's the manufacture of pharmaceuticals was very small scale and handled at pharmacy level in the main. The advent of major chemical research enabled the analysis of chemicals and the development of chemical moeities at a much more sophisticated level.

      I am not aware why the decision was taken in the '50's to allow people other than pharmacists to own and develop pharmaceuticals but it was probably economically driven. By going this route it put owners outside effective control of professional bodies. This in hindsight was wrong because in many respects a great deal of research at company level is driven by profit and not by the needs of communities as has been stated a lot in this thread, eg HIV, TB, malaria.

      The period of patent protection at 20 years is fair enough since the patent is taken out before any product is actually developed. The company may in fact register many patents for slightly different molecular stuctures of the same active ingredient. Over the 10 years of testing and development perhaps only 1 will be found to be useful. It is a norm for products to take 10 - 12 years before they hit the market.

      Generics are also not rationally priced. In most cases generic pricing is not relative to production cost but has a direct relationship to the original. In most cases the original manufacturer supplies the active ingredient to the generic manufacturer. The original manufacturer seldom if ever reduces their price once the patent expires.

      The one thing is certian, until Governments take hard decisions about the morality of exploiting the sick and vulnerable, this is going to continue.

    40. Re:fallacious by Anonymous Coward · · Score: 0

      "And YES, I am a fucking Pharmacist."

      Bullshit. You're as much of a Pharmacist as you are an Economist. (Self-medicating, perhaps...)

      Key Point: Ritalin is given as treatment 80% of the time because it's MUCH more effective. Doctor's have a profit motive that is distinct from the Pharmacutical companies --They profit when they best resolve patient health-issues. (Ritalin is measurably superior to Dex in almost all aspects of double-blind trials. Especially when it comes to negative side effects.)

      From Methylphenidate Versus Dexamphetamine in Children With Attention Deficit Hyperactivity Disorder: A Double-blind, Crossover Trial:
      http://pediatrics.aappublications.org/cgi/content/ full/100/6/e6

      The degree of response as measured by the CTRS-R was greater for MPH than for DEX. Mean improvement on the hyperactivity index was 2.6 T score points greater with MPH than with DEX. Thus, the differences were not only statistically significant but clinically important as well. Categorical analysis of these data demonstrated that almost 8% more subjects were rated as responders to MPH than to DEX by CTRS-R.

      By parental rating (CPRS-R), the differences in efficacy between the two stimulants were in the same direction as with teacher report (ie, greater benefit from MPH than from DEX), although not as marked. In addition, almost 10% more parents said they preferred MPH to DEX (46.4% vs 36.8%), all things considered. It is important to note that these findings were seen with a twice-daily dosing regimen. Parents would possibly have reported greater differences had an after-school dose been used. This was not given because it was felt that an afternoon dose of DEX would have caused a great deal of sleep disturbance.

      The data concerning the relative side effects of these two drugs from the present study has been reported previously.16 There were two main findings: 1) Many symptoms commonly considered to be side effects of stimulant medication were present at baseline and, in fact, diminished with medication treatment; and 2) DEX was associated with a significantly greater severity of side effects than MPH, particularly negative emotional side effects (eg, irritability, tearfulness, anxiety).

      This study provides strong evidence of a group mean superiority of MPH over DEX from the teachers' point of view, and some evidence that parents also prefer MPH over DEX. This is the first research data to indicate that one of these stimulants may have a general advantage over the other. However, it needs to be emphasized that DEX was the preferred drug for more than one third of subjects. Because DEX is substantially less expensive and there appears to be no reliable predictors of which children will do better on which stimulant, it would seem reasonable to prescribe DEX as the first-line agent for children with ADHD in whom a trial of medication is considered clinically appropriate. If the child is not greatly improved or experiences unacceptable adverse effects with DEX, then MPH should be tried.

      Anyway, the point is that the original poster is a complete fraud. Just wanted this listed for the record.

    41. Re:fallacious by PharmD2B · · Score: 1

      You, sir or madam, are no pharmacist. No pharmacist, or anyone with any sort of education, would blatantly say one drug is a better treatment for a disease/set of symptoms than another due to simple patient variability. That is besides the simple fact that methylphenidate (Ritalin) is already available as a generic. And as far as ulcer treatments go you cannot assume that ALL ulcers are created equally - by H. pylori bacteria. The most common form of treatment for ulcers where H. pylori is implicated is a proton pump inhibitor (there is a generic in this class) and an antibiotic (clarithromycin, tetracycline or even amoxicillin, plenty of generic choices). How would antibiotic therapy be effective for a patient that does not have H. pylori? Ever look in a pharmacy trade magazine? Plenty of generic medications are marketed. Again, you are no pharmacist.

    42. Re:fallacious by PharmD2B · · Score: 1

      We sell Prilosec (omeprazole) by the boxload OTC for under fifty cents a day.

    43. Re:fallacious by Anonymous Coward · · Score: 0

      There's a large difference between creating a new drug... and making sure that the drug is safe. It's very easy to make a new drug. It's moderately hard to make an effective drug. It's damn near impossible to make a drug that's effective and whose side effects are small enough that it should go out into the market.

      The job of every drug company is to bring drugs to market. Even if they're not investing as much in basic research, they spend billions of dollars testing the safeness of compounds. Often, those billions of dollars only prove that a substance isn't safe enough to market. Even with rigorous testing, companies miss important side-effects. The company is responsible for what it sells.

      (Note: I work in the research department for a major drug firm.)

    44. Re:fallacious by fafalone · · Score: 1

      0The small increase only affects patients who already have risk factors for heart trouble (hypertension, hyperlipidaemia, etc.) and take very high doses for very long periods of time. I don't know how many people you happen to know who take those medications, but most people taking them who aren't otherwise at risk for heart attacks are told to remain on them, and prefer doing so, since the alternative is being in pain (which is actually preferably to the OTC side effects).
      Despite the media sensationalism, healthy adults don't suddenly have heart attacks from COX-2 inhibitors.

    45. Re:fallacious by senatorpjt · · Score: 1

      So, learn to make the drugs. It's not illegal to make a patented drug, only to sell it.

    46. Re:fallacious by Rob+Simpson · · Score: 1
      First, "almost nothing" is an extreme exaggeration. Most drug companies spent massive amounts on marketing, in some cases probably more than R&D, but R&D is hardly a minor expense. The fact that government money is being used for their benefit, instead of on developing "open-source" drugs or drugs patented by the government for royalty-free manufacture in-country, is another issue entirely.

      "part of the reason is that drug stores make more money selling drugs that cost more"

      I'm not sure about the US, but this isn't true in Canada - we just make the dispensing fee. (Any markup isn't paid for by Pharmacare, so this just results is pissed-off customers. The exception is for IA, which pays a meagre markup on prescribed OTC meds - not covered at all by other drug plans - instead of a dispensing fee.)

      A way that seems to work reasonably well in BC is the concept of LCA drugs - "Lowest Cost Alternative"...the government will pay for the cheapest drug in a class (eg, a generic, instead of an evergreened super-duper ultra-extended-release form).

      "Ritalin is very profitable because it is a treatment." And dextroamphetamine is a cure?!

      "Treatment of stomach ulcers"

      The treatment(s) you are talking about is for H. Pylori, and pretty much all of the regimens - there are several - involve a PPI, like Losec. I think I might of read one somewhere involving H2 blockers, but I've never seen that in practice, and it probably wouldn't work very well. I've never heard of a regimen not using acid reduction therapy to heal the ulcer. (Plus, pure antibiotic therapy would do nothing to help heal ulcers due to NSAIDs, etc.)

      "blatant kickbacks that medical companies give Doctors and Pharmacists"

      Where are my kickbacks? ;_;

    47. Re:fallacious by tehcyder · · Score: 1
      And YES, I am a fucking psychobiologist specializing in psychopharmacology
      I have absolutely no idea what that means, but it sounds as cool as polar bear piss.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    48. Re:fallacious by tehcyder · · Score: 1
      (PS to the indignant parents of ADHD kids - your little precious may or may not be 'real' ADHD. That's not my point. The sad fact is it's becoming a diagnosis of convenience for shit parents).
      Now, I am not an expert, but surely it is the doctors' fault if they diagnose something as ADHD when it isn't, not the parents'?
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    49. Re:fallacious by jandersen · · Score: 1

      You've managed to ruin any credibility you may have had by inserting an unecessary but trendy anti-American comment.

      No I don't think so. I may have antagonised Americans, though I think most thoughtful Americans can see that this is an attempt at provoking denial - especially as it is followed by the question 'Or am I wrong?'

      Apart from that - I think it is obvious to most that American culture and mindset, as it is projected to the rest of the world, has a clear tendency towards the heartless and utterly selfish. Again, I am well aware that many, possibly most, Americans are not in fact selfesh and heartless; but where the hell are all you good guys?

  4. The leeches by Anonymous Coward · · Score: 0
    From the article

    A spokesman for the Association of the British Pharmaceutical Industry said that should this prove to be a 'new' medicine, then the same costly and time-consuming safety trials would need to be undergone before the drug could be marketed.

    "Even if these are successful, you'd have to invest in commercial development to manufacture, distribute and promote the usage of your drug."

    In summary:

    We don't care if it is a cheaper more affordable treatment that would benefit all of humanity - we're going to make sure that someone will profit from it and not give a flying f**k about the people who need the treatment.

    1. Re:The leeches by deadlock911 · · Score: 1

      I don't think that British guy understands that his country doesn't rule the world (not that "the colonies" know either) It may take rigorous government approval tests to use a drug in his country but in poorer nations the choice is use this drug or die...i doubt they really care about minor side effects. "You cured my life threatening disease but my HAIR HAS FALLEN OUT! Lawsuit incoming!"

    2. Re:The leeches by Anonymous Coward · · Score: 0

      Neither is your country.

  5. Big Pharm does this too by Heir+Of+The+Mess · · Score: 5, Interesting

    For example Australian company Biota created and patented Relenza for treating bird flu, then Roche modified their product slightly to produce and patent Tamiflu.

    --
    Australian running a company that does C# / C++ / Java / SQL / Python / Mathematica
    1. Re:Big Pharm does this too by jaxom_01 · · Score: 1

      Except Tamiflu was in the works for years and years before the "bird flu" was even known about. Tamiflu has been around since at least 1998 and I think for several years before that but I don't recall exactly. You can look up the patent and it should show exactly when it was patented. I wouldn't be surprised if it was a good decade before the "bird flu" came about.

      Yes, I work for Roche.

      -Aaron

      --
      The post made with 100% recycled electrons
    2. Re:Big Pharm does this too by Heir+Of+The+Mess · · Score: 1

      I did look it up. The relevant patent for Tamiflu is here and was filed in December 1996 by Gilead Sciences. According to this page Zanamivir (Relenza) was licensed to GlaxoSmithKline by Biota in 1990 after being discovered in 1989, so it predates Tamiflu by 7 years.

      I used to be a stock holder in Biota.

      --
      Australian running a company that does C# / C++ / Java / SQL / Python / Mathematica
  6. Re:that's a nice sentiment by Anonymous Coward · · Score: 3, Insightful

    You missed the profits. Don't forget the silly profits. Almost £7 billion profit for Glaxosmithkline. You read that right - £7,000,000,000 - or $14,000,000,000.

    They're suggesting making cheap drugs, keeping the patents away from big companies, and having clinical testing subsidised by the countries where they'd be used (which seems fair if they aren't trying to profiteer), as well as developing drugs on obscure illnesses which the west doesn't have (and big business ignores). It's a win/win situation. Stop making a noble effort sound like something bad.

  7. **Bullshit** by Anonymous Coward · · Score: 0

    You've swallowed the propaganda hook line and sinker. The view you espouse is not rational but religious. A product of your cloistered upbringing.

    There are other models which work. Cooperation also works. Need proof? Just look at Free Software, Linux, ... Ask Microsoft where their most serious competition is coming from.

    What you are promoting is racketeering and monopoly, not capitalism. Racketeering and monopoly do not promote competition or progress.

    1. Re:**Bullshit** by joelt49 · · Score: 2, Interesting

      Sorry for the flamebait, but you're a moron. Here's why:

      1. The software development industry is very different from the drug industry. In particular, look at the costs of bringing something to market. It costs far more to bring a patented drug to market than it does a computer program. So you have higher costs you have to recover.
      2. Where does a lot of support for Linux come from? Companies like Red Hat and IBM, who are also competing and want to turn a profit. However, IBM and Red Hat can support different niches of the market without competing directly. This is harder to do with prescription drugs.
      3. In effect, cooperation and competition are competing models. Cooperation appears to be working well in software (I'm currently using Firefox on Gentoo), but that model has failed to gain serious traction in the drug industry. If cooperation like this is so great, why hasn't it flourished more? Why aren't we seeing more stories of people cooperating like this working on new drugs?

      Sigh, why do I try to promote standard, mainstream economics on /.?

    2. Re:**Bullshit** by Velk · · Score: 1

      1. The software development industry is very different from the drug industry. In particular, look at the costs of bringing something to market. It costs far more to bring a patented drug to market than it does a computer program. So you have higher costs you have to recover. Maybe on average - I would be astonished if any drug cost more than windows vista to develop for example.
    3. Re:**Bullshit** by moggie_xev · · Score: 1
      Vista is not an average piece of software, people seem to be guessing that it cost's about 10 billion to develop.

      While the average drug cost's between .8 and 2 billion dollars to develop. The cost are pretty simular I would say.

      Most of the money in actual development is caused by the amount of care taken in developing the drug, There is a definite wish not to kill people. Now if we could only reduce the cost of advertising.

    4. Re:**Bullshit** by RMH101 · · Score: 1

      Are you on medication?

  8. yes, you are by Anonymous Coward · · Score: 5, Insightful
    1. Drug companies have to turn a profit; otherwise, they don't produce the drugs.


    Drug companies spend far more money on advertising than they do on research and development. The next time you watch "Wheel of Fortune", you might realize that the billions of dollars being spent pushing viagra and nexium on everyone are NOT making their way to fundamental advances in science.


    2. The more money a drug company makes off a medicine, the more valuable it is. A drug company's profits are a function of how much people value that drug -- the drug's social utility (this is basic economics).


    No matter what the local basement-dwelling Rand-ite may tell you, economics is not a science and is not necessarily the best model for health care. Human welfare is not a widget that can (or should) be bought and sold like a car or an mp3 player.


    3. Once the drug companies patents run out, anyone can produce generic medicines cheaply.


    And how many millions of people will die in the meantime?

    1. Re:yes, you are by joelt49 · · Score: 1

      3. Once the drug companies patents run out, anyone can produce generic medicines cheaply.
      And how many millions of people will die in the meantime?


      And how many millions would have died had the drug never been brought to the market in the first place?

    2. Re:yes, you are by kg4czo · · Score: 1

      You're a bit confused. Lives are lives.

      The fact that a drug that a drug is brought to market and can save lives doesn't mean it's available to everyone. It's available to those who can either pay or have insurance. Making a valuation on someone's life because of what they have or don't have in the bank is wrong, in the most literal sense.

      Drug companies should be obligated to allow at least one generic per name-brand drug they produce and patent. It may mean a little less advertising and Dr. smoozing money, but the rewards are more valuable than any amount of money.

    3. Re:yes, you are by Anonymous Coward · · Score: 1, Funny

      The makers of Viagra are advertising on Wheel of Fortune? That's the show with the roulette looking wheel? (threw out the TV years ago) Lets see, Viagra, Wheel of Fortune, roulette,,,, something Freudian here but I can't quite slip into it, maybe I am just Russian things.

    4. Re:yes, you are by Tsagadai · · Score: 1
      3. Once the drug companies patents run out, anyone can produce generic medicines cheaply. And how many millions of people will die in the meantime? And how many millions would have died had the drug never been brought to the market in the first place?
      The same number of millions who won't use it because they can't afford it.
    5. Re:yes, you are by TommyMc · · Score: 1
      Drug companies spend far more money on advertising than they do on research and development.

      Are the drug companies spending money on advertising for fun, or is it with the aim of producing a return? Presumably, they are aware of the economics of their field and know the balance for return on R + D, and return on advertising. Also, genuine question, do you have the figures to verify this statement? I have an interest in this anyway, so i'm not just trying to undermine your argument.

      economics is not a science and is not necessarily the best model for health care.

      Do you have an alternative? It seems to work quite well. As someone who worked for some time in a pharmacy, there seems to be a proliferation of drug treatments at the moment, not for trivial things either. There are, it is true, some tricks that have been used to preserve patents by businessmen trying to protect their interest in the face of losing patents to generic production, but from what i've seen, it's rare. Certainly in the time that i was working there, some significant drugs went off-patent and the entire supply switched to generic (the doctors are well aware of the difference. Some people will try to claim that doctors are ignorant. They're just not.)

      Do you think if it was government-led, that they would just give away the drugs they'd spent billions developing? I wish there was an ideal middle ground between generating revenue for R + D and being able to sell it at a price which does not exclude the third world, everyone in the world does. But if there is one, i'm yet to hear it, so it seems to be a case of continue as we are, regulate where we can and hope that charity etc. makes up some of the difference.

      --
      Stupid people think it's cool. Smart people thinks it's a joke; also cool.
    6. Re:yes, you are by Anonymous Coward · · Score: 0

      I wish there was an ideal middle ground between generating revenue for R + D

      The problem is that the system is being abused, badly. Generating revenue for R&D? The big players are spending far more on making advertisements of people climbing mountains and sitting in bathtubs than on researching anything.

      We'll see how the "capitalists" deal with having one of their drugs undercut by researchers. I'm sure a "doctrine of equivalents" lawsuit is in the works right this instant to kill the new competition.

    7. Re:yes, you are by Cerebus · · Score: 1

      "Are the drug companies spending money on advertising for fun, or is it with the aim of producing a return? Presumably, they are aware of the economics of their field and know the balance for return on R + D, and return on advertising. Also, genuine question, do you have the figures to verify this statement? I have an interest in this anyway, so i'm not just trying to undermine your argument."

      http://www.newstarget.com/010315.html

      Also, several studies on direct-to-consumer prescription drug advertising have been published in JAMA of which I've read some abstracts, but I don't have an online JAMA subscription so I can't read 'em unless I go to the library.

      Also some good stuff here:

      http://www.fda.gov/cder/ddmac/globalsummit2003/
      http://www.fda.gov/fdac/features/2003/203_dtc.html

      All these from this google search:

      http://www.google.com/search?client=safari&rls=en& q=direct+to+consumer+prescription+drug+advertising &ie=UTF-8&oe=UTF-8

      --
      -- Cerebus
    8. Re:yes, you are by Rich0 · · Score: 1

      Drug companies should be obligated to allow at least one generic per name-brand drug they produce and patent. It may mean a little less advertising and Dr. smoozing money, but the rewards are more valuable than any amount of money.

      Uh, drug companies would make very little money (a few million dollars per year - vs hundreds of millions per year) at all under such a system. The generic drug would be sold slightly above cost, and so the branded drug would be about the same price. And why would anybody buy the branded drug at all?

      When drug R&D costs hundreds of millions of dollars per drug, why would you invest it on a product that might make a few million per year? Your breakeven time would be a century.

      If you just want unpatented drugs you don't need to ban anything or regulate the industry - just ask your congressman to direct the NIH to spend money on drug R&D and release the results into the public domain. If the public pays for a drug it should be freely licensable. Right now the public only does some basic-reasearch - not full drug R&D.

      Then consumers can choose between the cheap public drugs and the expensive private ones, and we can look at how much the extra public R&D is costing vs saving - then we can make an informed decision as to whether to continue the model. And as a bonus we haven't had to regulate anything and if the public model doesn't work out we haven't lost anything either.

    9. Re:yes, you are by Rich0 · · Score: 1

      We'll see how the "capitalists" deal with having one of their drugs undercut by researchers. I'm sure a "doctrine of equivalents" lawsuit is in the works right this instant to kill the new competition.

      Nah - they'll just sit back.

      It will be 10 years and hundreds of millions of dollars later before these scientists will even know if their "new drug" actually works. After spending all that money their university will force them to patent the new drug to recoup their costs, and will probably sell it to a major pharma company.

      Scientists announce new drugs all the time. What they really have are molecules that have some effect in a test tube. The difference between that and a drug is about 50 refinements on the molecule and a lot of dogs and human test subjects - and those don't come cheap.

  9. the so-called "inventor's rights" are in fact ... by erlehmann · · Score: 5, Informative

    ... just vehicles to ensure progress.

    there is no such thing as a "natural right" an inventor has: patent law builds on the premise that a patent is a reward and that many people like to be rewarded.

    you are confusing it with copyright law - which grants the author rights because it is his creation - no one else could habe written harry potter, for example. in contrast, sooner or later someone figures out how molecule XYZ can be synthesized - there usually is no "personal creativity" involved.

  10. Not at all by Habrok · · Score: 2, Insightful

    It was "we in academic medicine", not "we in corporate medicine". Academic research is not motivated by profits, or at least, it should not be.

    Secondly, you can't really apply demand-supply analysis on life-saving drugs. When it is a matter of life and death (and there isn't any alternative product), the demand is infinite.

    Thirdly, it is quite possible to provide economic (and other) incentives to researchers, even without patents.

    You know, there's a reason why doctors take the hippocratic oath. Medical researchers should do well to remember those reasons.

    --
    Ignore this sig
  11. Re:that's a nice sentiment by wired_LAIN · · Score: 2, Insightful

    Keep in mind that what is deemed an unacceptable drug in the developed world can be a huge benefit to developing nations. For example, lets say I have a very cheap drug that cures malaria in 80% of patients, but causes severe side effects in the remaining 20%. Clearly, this is unacceptable in the USA or other developed nations. However, in many countries in Africa, where millions of people die from malaria every year, this drug is perfect - its cheap, and it cures most of the patients. Regardless of the reletively high side effects, the benefit is enough that a drug like this would be considered a godsend by nearly all sub-saharan nations.

    --
    It is better to light one candle than to curse the darkness.
  12. Re:that's a nice sentiment by Basje · · Score: 1

    That is a gross oversimplyfication.

    I know and understand that companies often act unethical and there is a need to protect people from unethical behaviour. But if the development of medicine could take place in developing countries, the prices could be much lower even if we keep the companies to the same moral standards we like to do in western society.

    Many people protest against poor developing countries having to pay high prices for medicine. At the same time arguments like yours keep it that way. It's not a simple problem.

    --
    the pun is mightier than the sword
  13. DO these guys accept Paypal? by Stephen+Samuel · · Score: 3, Interesting

    'Cause, if they do, I'd like to donate $10 to their research fund.

    --
    Free Software: Like love, it grows best when given away.
    1. Re:DO these guys accept Paypal? by LordPhantom · · Score: 1

      Signed.

    2. Re:DO these guys accept Paypal? by poopdeville · · Score: 1

      You know, if you're serious, you can just send a check to the university with the stipulation that it is only to be used for this program. Universities are pretty much always eager to take people's money, even if (benign) strings are attached. They won't use it against your wishes -- the more successful the program is, the better for the university overall. And every little bit helps. I know it's not as convenient as PayPal, but you should consider it.

      I've done it a couple of times and have gotten nice thank you letters back from the researchers.

      --
      After all, I am strangely colored.
  14. Good old USA by oman_ · · Score: 3, Insightful

    A thousand bucks says this is never going to pass FDA testing in the United States... and we'll never find out why.

    --
    Rats would be more funny if they could fart.
    1. Re:Good old USA by MosesJones · · Score: 3, Insightful

      Which is actually fine as most people in the US can afford to pay for the drug or have the insurance anyway. I don't think that people in Africa are going to care too much that something doesn't have FDA approval if it is actually proven safe and proven effective by people such as WHO or the Red Cross.

      This isn't aimed at helping the USA, its aimed at helping the rest of the world.

      --
      An Eye for an Eye will make the whole world blind - Gandhi
    2. Re:Good old USA by TubeSteak · · Score: 1

      With generic drugs, if the end result of their medicine is chemically the same as a previously approved FDA drug, they get to skip all the expensive human trials & whatnot.

      It seriously shortens the approval process & they (generic drug makers) can usually start the approval process before the 'original' drug's patent protection has worn off.

      But after reading TFA, it looks like they've changed the chemical structure of the end result, so they may need to go through years of expensive clinical trials before the FDA will approve it.

      --
      [Fuck Beta]
      o0t!
    3. Re:Good old USA by oman_ · · Score: 1

      Most people can afford to pay $14,000 a year for medication? Good thing this isn't life threatening... go cruise a few local fast food restaurants and see if you can find some people older than highschool age working there. (they exist). I guess they are just out of luck?

      Maybe they could just import grey market meds from outside of the country.... that is unless customs siezes the packages. you know.. for their SAFETY.

      --
      Rats would be more funny if they could fart.
    4. Re:Good old USA by StryfeX · · Score: 1

      As put so succinctly in an episode of Weeds (S02E11):

      Sanjay: "Did you know there are amazing opportunities to be had in the exploitation of emerging third world countries?"
      Conrad: "(pause) There are 370 billionares in this country and 40 million people living beneath the poverty line. Wake up 7-11, *this* is the fuckin' third world."

      --Stryfe

    5. Re:Good old USA by FredMenace · · Score: 1

      I think you kind of miss the point. This happens all the time. If a potentially-healing substance (such as an herb or nutritional supplement) isn't or can't be patented, it will not likely receive FDA approval. This, then, means that such products can be routinely denigrated as "ineffective" (when even scientists and other professionals who should know better fail to see the difference between "lack of proof of effectiveness" and "proof of ineffectiveness", when strenuously arguing against the use of such "unproven" treatments, even if there is copious evidence of effectiveness from Europe and elsewhere).

      What makes this worse is that during the last 5-10 years, FDA approval has become largely meaningless: we no longer have much confidence that FDA-approved drugs are either safe or effective, because the studies are now almost entirely funded and run by the pharmaceutical companies trying to sell the drugs, and such industry-run studies have been shown to claim benefits and safety at something like 5x the rate of independent studies. So the claims that thus-and-such new drug is "safer and more effective than older drugs" (or even just "safe and effective") is generally hogwash (or at least unknown).

      The FDA recognizes that a major part of its mission is to protect the profits of pharmaceutical companies, and has explicitly admitted that such considerations are taken into account in its decision-making process. They also make much of their funding from user fees. Thus they happily go along with this state of affairs.

      In fact, the FDA has banned natural substances that threatened to compete with lucrative (but much more expensive) pharmaceuticals. For instance, did you know that it is illegal to sell tryptophan, one of the essential amino acids, in the USA without a prescription?

      In the late '80s there was a major health scare from some tryptophan supplements due to contamination in the production process from one Japanese supplier, stemming from an untested change in process - including that the bacteria used to make it were genetically engineered - combined with an untested reduction in filtering of the product compared to the normal process. Even though not too long after this occurred it was determined that the problem was only one regarding contamination from that one supplier, and that tryptophan itself in its natual form was, not surprisingly, safe, tryptophan still, to this day, is only allowed to be sold by prescription.

      Tryptophan, you see, is a biochemical precursor of serotonin, the boosting of which is considered useful in treating depression (and tryptophan supplements had long been used - safely, I might add - as treatments for depression, anxiety, insomnia, etc.). It also turns out to be difficult to boost tryptophan levels in the brain by ordinary dietary means, due to competition in the body with tyrosine (which tends to be found in the same foods as tryptophan but in much greater quantities), hence the usefulness of tryptophan supplements. Now the strange coincidence is that the FDA banned tryptophan just days before approving Prozac for sale (a then-patented drug whose primary function is to boost serotonin levels).

  15. Medical patents don't spur innovation by LParks · · Score: 1

    So, here is proof that money and time was spent researching a useful medication for the good of sick people, regardless of cost of entry and return on investment (financially speaking, at least). So people really can create new ideas without the need to hoard them and profit greatly while excluding others.

    1. Re:Medical patents don't spur innovation by BCoates · · Score: 2, Insightful

      Claiming "medical patents spur innovation" isn't the same as claiming that "there would be no research at all without medical patents".

    2. Re:Medical patents don't spur innovation by Otter · · Score: 1

      In this case, that would effectively be true, anyway. The "innovation" here represents <1% of the process of making the drug in the first place -- if it hadn't been for the companies' developing and testing the compound, there'd be nothing to find an alternate synthesis route to.

    3. Re:Medical patents don't spur innovation by FallLine · · Score: 1
      In this case, that would effectively be true, anyway. The "innovation" here represents
      How dare you introduce critical facts into this debate! Don't you know they're entitled to their own set of facts? :-)
  16. Re:the so-called "inventor's rights" are in fact . by AuMatar · · Score: 3, Informative

    Actually, copyright is specifically NOT a natural right in the US, although it is considered one in Europe. That was a major hangup in copyright treaties, until they agreed to disagree.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  17. In further news... by Ritontor · · Score: 3, Funny

    Hoffman-La Roche and Schering Plough released a statement today. It reads as follows:

    "FUCK!"

    --
    Perhaps the answer to the problem of teenagers dropping bricks from motorway and railway bridges is to sue Tetris.
  18. Slashdot headlines by urbanradar · · Score: 4, Funny

    Looking at the Slashdot frontpage right now, among the stories I see are: "Researchers Work Around Hepatitis Drug Patent", "Wal-Mart Is Pushing Compact Fluorescent Bulbs", "Month of Apple Fixes", "MySQL Falcon Storage Engine Open Sourced", "Creating Prion-Free Cows". Maybe it's just my morning coffee making me optimistic, but it seems to me there's not usually this much positive news on Slashdot! Almost gives you hope for 2007, that does.

    1. Re:Slashdot headlines by Faylone · · Score: 1

      Well, damn, NOW I'm scared something really bad is around the corner.

  19. NICE!!!!!! by Rooked_One · · Score: 2, Interesting

    I've undergone pegaylated interferon treatment twice now... didn't work for me, however did for my brother, and you have to have AWESOME insurance to cover this stuff. I doubt the side effects (which are 11 months of hell) are any different, but if it was cheaper, and for the people who relapse when the drug does keep the virus in check, but comes back, this would be great. After the treatment I felt so good for the couple of months that the viral levels were low... I've been hoping for a prophylactic kind of treatment for a long time... I really hope the pharmco's aren't assholes about something like this.

    1. Re:NICE!!!!!! by Anonymous Coward · · Score: 1, Informative

      A friend of mine, former junkie, tested clean of Hep C and a few other things after undergoing an 'alternative treatment' of the kind belittled by quackwatch types. He'd been sharing needles for 10 yrs & hooked on methadone for five.
      You'd be amazed at the things you can find out when your mind is clean of the concept that drugs are the answer.
      Drugs are a treatment for symptoms but unfortunately not the cure.

    2. Re:NICE!!!!!! by jbeaupre · · Score: 1

      So antibiotic drugs don't cure disease? Antifungal? Antivenom? Chemotherepy? Guess it's time to take back a few Nobel prizes and give them to you.

      --
      The world is made by those who show up for the job.
    3. Re:NICE!!!!!! by Ender+Ryan · · Score: 1

      Care to share what the fucking treatment was? Why do we always hear about shit like this and never any follow-up about the new miracle cure?

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    4. Re:NICE!!!!!! by Rooked_One · · Score: 1

      yah... no doubt.... I got mine through a blood transfusion - nothing I could help in the least bit.

  20. $1,000 per capsule. by pair-a-noyd · · Score: 1, Troll

    Some years back my landlord told me that his dad (who was near 100 years old and living in a nursing home) was on a special medicine that was kept under lock and key and that the he kept the key.
    The pills were locked up at the nursing home but he took the only key to the cabinet home with him.
    He had to drive up there each day, unlock the cabinet and administer a single pill to his dad under the supervision of the head nurse. Each pill was $1,000 and his dad had to take one every single day of his life or he would die. I don't remember the name of the medication or what it was for but damn, $1,000 per day to stay alive?!! That's insane! Of course it was being covered by insurance as mere mortals couldn't have afforded that much money, the old man had been a big shot at a refinery in his day and had retired with super great benefits and insurance.

    I would bet money on it that the pills were really only worth about $10 each at best but the vampire profiteers were sucking the life blood out of every living thing within 2 miles of that nursing home and the old mans insurance company.

    I can't imagine in my wildest dreams what you could ever put into one little capsule that would be worth $1,000. Even gold dust isn't worth that much money. Perhaps some diamonds??

    One thing that PISSES me off is profiteering drug company vampires.
    The greedy things they do should be outlawed.

    1. Re:$1,000 per capsule. by Anonymous Coward · · Score: 0

      Diamonds? No, feel free to do further research but diamond prices, like drug prices, are purely a matter of marketing, greed and disrespect for human life.

    2. Re:$1,000 per capsule. by phayes · · Score: 2, Informative

      I have little sympathy for big pharma but sometimes the high price can be justified. When Taxol was determined to be a promising cancer treatment it's only source was from harvesting the bark of the pacific yew tree. As Taxol was only present in minute quantities in the bark, you needed to sacrifice hundreds of trees to obtain enough Taxol for a single treatment, thus Taxol was extremely expensive. They have since come up with methods of synthesising taxol from precursors in the needles which has allowed them to avoid sacrificing the tree and thus increase production, but it will remain a very expensive drug until they find a reliable means of synthesising it from a more common/inexpensive source.

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    3. Re:$1,000 per capsule. by takev · · Score: 1

      maybe it was filled with InkJet Ink, from what I understand that is one of the most valueble liquids in the world. Maybe it was pressurised to form a solid and then put in the capsule :-)

    4. Re:$1,000 per capsule. by Quiet_Desperation · · Score: 4, Interesting

      Are you sure it was really $1000? That's $365,000 a year. The most expensive currently marketed drug is Cerezyme at $175,000 a year, and that's for some weird genetic disorder that only, like 5000 people on the planet suffer from.

    5. Re:$1,000 per capsule. by wallet55 · · Score: 2, Informative

      I agree, this would require some specifics to be believable. However, it does get to a truth: drugs can be very very expensive. There are multiple reasons, some of them not obvious. First and foremost, disease populations (ie the drug's customer base) are being split by the more accurate subclassification genomics is affording medicine. This means that a cure for any newly more specific disease is for fewer and fewer people. When you take the higher and higher costs of developement and testing, add in the overhead produced by failed research efforts (the majority), and less time left on the patent (because it takes so long to get it to approval) you have to run the price up even further. There are no brakes on this whole process because right now, even with HMO's, we still pay whatever it takes.

    6. Re:$1,000 per capsule. by Naurgrim · · Score: 1

      I can't imagine in my wildest dreams what you could ever put into one little capsule that would be worth $1,000. Even gold dust isn't worth that much money. Perhaps some diamonds??

      Well, diamonds also aren't worth what they charge for them, as their price is inflated by an artificial shortage and aggressive marketing.

      Now, if you filled those capsules with inkjet printer ink...

      --
      .......You Are,
      ...What You Do,
      When It Counts.
    7. Re:$1,000 per capsule. by pair-a-noyd · · Score: 1

      The man didn't show me the receipts for the stuff, I'm just repeating what *he told me* they cost.
      I do not remember what they were or what the ailment was, it was back in 2000 when he told me that and I had totally forgotten about it as I've moved since then and have had no contact with my former land lord.
      I was not trolling, I was repeating what was told to me. I had no reason on earth to doubt the man.
      I do not doubt for a second, then or in retrospect what he told me.

      And again, I can't imagine how a single capsule/pill/tablet etc. could cost $1,000 a dose.
      I think it was worth much less the profiteers were taking advantage of a situation to maximize their profits.
      F*cking vampires.

    8. Re:$1,000 per capsule. by Anonymous Coward · · Score: 0

      No, it's true. My dad was on these too, but at $1000/day & no insurance, I'm afraid we had to put him down...

    9. Re:$1,000 per capsule. by tehcyder · · Score: 1
      Are you sure it was really $1000? That's $365,000 a year.
      I'm surprised the GP didn't just say it cost $2,739.73 a day as that's, ooh let's see, $1,000,000 a year.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    10. Re:$1,000 per capsule. by Rich0 · · Score: 1

      I think it was worth much less the profiteers were taking advantage of a situation to maximize their profits.

      If the drug is necessary to save lives, then it is "worth" quite a lot. Are you suggesting that life-saving medicines are not that valuable to society?

      Your issue is that they were trying to charge what the product was "worth" - which is a different issue. Let's explore that.

      First, as others have suggested, it probably didn't cost anywhere near that level - you might have been getting an exaggerated value.

      Second, suppose it cost $100/day (still steep, but more in line with some rare medicines). Drugs priced at this level tend to be infrequently used (like single-shot drugs used in hospitals for obscure problems or in unusual situations). They cost the same to R&D as any other drug, or possibly more (ever try to find 5000 people with an obscure disease for a clinical trial?). If only 100,000 doses of the drug will be sold in 10 years of patent life, and the drug costs $500 million to R&D, do the math and you'll see that the doses will be expensive. The alternative is just not bothering to develop a drug that will help so few people. Usually the way these drugs actually get developed is that they were originally targeted at something else, but didn't pan out, but it was worth the small extra investment to at least try to get something back from the drug.

      Most brand-name drugs that are commonly prescribed cost $80-200/month. They often treat problems that used to require surgery, so they actually save patients money compared to what they would have had to pay 10 years ago. Most drugs generate profits of a few hundred million dollars a yea. Some make only a few tens of millions, and some make a few billion, but those are rare (they just tend to make the headlines). They all cost about half a billion for R&D - which gets paid up-front before the drugs true value is known, and before all the side effects are known. Many drugs never recoup this money. The blockbusters do and more, but if you limited their profits to just a little over initial costs nobody would bother to try to find them - because most of the time you would find drugs that would barely break even. The blockbusters make up for that, but only while they're allowed to make huge profits.

      If you want public R&D then get congress to fund the NIH to do the full R&D cycle for a few drugs and offer them patent-free for anyone to market. Then the market can choose between the public and private drugs, and the public can decide if the public investment is working out. You don't need to ban patents - just offer an alternative. If public medicine really works then it will be able to compete. If it doesn't, then we haven't lost all that much by trying and we'll still have the status quo.

      What doesn't work is trying to magically pretend that if you limit drug prices that people will still bother to make new drugs. They'll certainly continue to market existing drugs at lower prices - those costs are sunk. However, nobody invests a half-billion dollars if they're guaranteed NOT to get a return.

    11. Re:$1,000 per capsule. by Anonymous+McCartneyf · · Score: 1

      Am I glad they found the means to synthesize taxol!
      If I recall correctly, by the time taxol was discovered, the Pacific yew it came from was an endangered species. I hope they find a way to make it without Pacific yew, or that line of cancer treatment could be abruptly cut off.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  21. Treating is better than curing. by splutty · · Score: 1
    "(the more profit, the more useful it is)" So a treatment for cancer taken three times daily for the rest of your life is more useful than a cure for cancer? I'll keep that in mind.

    Bingo. You got it in one. The same goes for a lot of other fields as well. Take for example Diabetes-B, which is a controllable disease, as long as you check your bloodsugarlevel 2 times a day, and either use insulin or dieting restriction to adjust for it.

    However, to do these tests, you need testsstrips, which are not very cheap, and (surprise!) don't get covered by almost all medical insurances. What *does* get covered is the amputation required when your extremities start dying off. Something that could've been very easilly prevented by aforementioned checks.

    The hospitals and the insurance companies make more 'profit' off of those amputations than off of patients that need a steady supply of not-so-cheap teststrips.

    So yeah, you got it in once. Treating the symptoms is (for the corporate world) almost always better than curing the disease.

    Splut.
    --
    Coz eternity my friend, is a long *ing time.
    1. Re:Treating is better than curing. by Anonymous+McCartneyf · · Score: 1

      Bad example.
      Glucose testers and the related test-strips are treatments for diabetes. No one has been cured of diabetes simply by blood-sugar testing. The strips are expensive, but enough people do buy them that the corps. who make them find them profitable. The strips are far less expensive than most brand-name drugs would be without insurance.
      Amputation is a treatment/cure for gangrene. It doesn't do anything for the underlying diabetes, but it does get rid of the existing dead tissue once and for all. Amputations aren't done often, and they aren't done to the same tissue twice.
      Hospitals and insurance cos. may make more money from amputations. Big Pharma makes more from glucose test strips, insulin, and whatever new blood-sugar-controlling drugs they've invented. (Yes, there are diabetic drugs that are not insulin, and they're not unpopular.)

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    2. Re:Treating is better than curing. by Overzeetop · · Score: 1

      If it's 14k a year for Hep-C treatment, van you imagine what the potential "cure" for Diabetes would go for. I'm putting the Vegas over-under at $185k right now, but I think I may be setting it a bit low.

      --
      Is it just my observation, or are there way too many stupid people in the world?
  22. Re:fallacious !!! by Anonymous Coward · · Score: 0

    OTOH, be aware that, for example, companies tried to develop cheap generics of patented AIDS drugs for use in Africa. And they didn't go through thorough testing. And it turned out that the drugs weren't as good as the brand-name ones (in this case, it involved taking cocktails of drugs and putting them into one pill -- something even the patent holders hadn't been able to do successfully). In this case, the drugs weren't as effective, which then led to drug-resistant HIV viruses surviving. someone right in front of my monitor screams "LOGICAL FALLACY" !
  23. The Pharmaceutical Industry by vorlich · · Score: 1

    business model does not involve producing medicines to cure illness and disease. It is engaged in the research and development of drugs which will be used to treat acute conditions over a long period that produce vast profits. This is why there has been no development by any Pharmaceutical company of a new anti-bacterial agent. The American Military almost single-handedly worked on strategies to tackle the problem of malaria and the development of the antibiotic pencillin, was conceived as having a strategic advantage during WWII when the very first batch of it was used to treat soldiers with STD's and almost instantly restored them to full battle readiness. The Pharmaceutical industry has a long history of encouraging people to believe that they research cures - the truth is that they do not. A very large part of the industry produces belief-based products such as homeopathy. The barriers constructed through the patenting of medicines creates an artificial market where the cost/benefits and profits are found in the sole ownership of something really essential - such as sildenafil citrate. Compare this to the amount of effort that went into not mentioning the fact that in 1979 two Australian doctors, Robin Warren and Barry Marshall re-discovered(!) the cause and treatment of stomach ulcers was a) the bacterium Helicobacter pylori, and b) low cost generic anti-biotics.

    --
    Posts, MyBio or Sig, may contain satire, sarcasm, bolded nouns be sardonic or even witty & be Church of SD
    1. Re:The Pharmaceutical Industry by jbeaupre · · Score: 1

      So you're saying that Pharma is researching irrelevant stuff, but that the patents they have on this irrelevant stuff is holding everyone back? That's some nifty logic!

      --
      The world is made by those who show up for the job.
  24. Apothecary by Anonymous Coward · · Score: 0

    Once upon a time there were no pharmacists, instead we had apothecaries and perhaps we were in many ways better off for it. Too often the stuff from the pharmaceuticals ends up bearing a strong resemblance to snake oil.

  25. Athgo International by Sargeant+Slaughter · · Score: 1

    I went to a symposium at UCLA in November, put on by Athgo International (athgo.org). A large part of the conference was focused on IPR and it's relationship to global health problems. While Hep C might be a good thing to fight, it doesn't compare to the ATMs (aids, tuberculosis, malaria) and perhaps the worst is malaria. Because those suffereing from it (in the third world) don't have any money, big pharma doesn't even develop drugs to fight new strains. A million people a year die from malaria (largely in the southern hemisphere), and it is a completely treatable disease.

    Then again, there are too many people on this planet. Hmm, maybe thats how the pharmacuetical big-wigs justify it...

    --
    I hear and I forget. I see and I remember. I do and I understand. -Confucius
    1. Re:Athgo International by Anonymous Coward · · Score: 0

      You're speaking of general social injustice: why are there starving people on the planet when there's more than enough food to go around? Why does measles kill nearly a million people annually even though we have a vaccine for it?

      The fact is, all of us can contribute a little more to make the planet better for those who are less fortunate (as much as that statement sounds like a telethon). Pharmaceutical companies can contribute a little more to research diseases that no one has and will bring zero net profit. You can I can donate a larger chunk of our paychecks to help feed someone who's starving. So why doesn't it happen? When you bought that LCD or paid extra for the power windows, someone else died of a curable disease. It's not just the pharmaceutical companies who are greedy.

    2. Re:Athgo International by poopdeville · · Score: 1

      The fact is, all of us can contribute a little more to make the planet better for those who are less fortunate (as much as that statement sounds like a telethon). Pharmaceutical companies can contribute a little more to research diseases that no one has and will bring zero net profit. You can I can donate a larger chunk of our paychecks to help feed someone who's starving.

      You're right. I've been thinking about this for a while. Your post has inspired me to quit smoking and donate what I'll save ($150 a month) to charity.

      I am absolutely serious.

      --
      After all, I am strangely colored.
    3. Re:Athgo International by Anonymous Coward · · Score: 0

      Really? I would suggest you do quit smoking, but spend those $150 to write to your congressman or start a grassroot thingie in your hood. More use that way.

      Or even spend the savings on yourself knowing that you are already helping the society to reduce the likelyhood of the costs of treating your cancer, lost productivity due to early death, etc.

      If you must have nicotine, just switch permanently to the patch/gum thing, which will keep you addicted (and so what?) but much much healthier than a regular smoker.

      I am just saying all that cause I love ya! :) :-) (I am not the original GP's AC author)

    4. Re:Athgo International by poopdeville · · Score: 1

      Yup, really. I already recruited a bunch of friends to do it with me.

      I mean, smoking is basically a waste of money. We may as well spend it on a good cause. Regarding what I spend my money on now, I think I'd rather help poor families through microfinance institutions.

      Maybe I'll put aside some of the money I save a start a grassroots "Quit Smoking, Help Poor People" campaign. :-)

      --
      After all, I am strangely colored.
  26. Pseudo-scientific drivel [was: fallacious] by Anonymous Coward · · Score: 0

    Man, am I sick of this pseudo-scientific drivel. Economy. What you earn is a measure of how useful you are to society. Yadda, yadda.

    Folks, start to realize that this way of reasoning is just an instrument to make the rich ever richer (personally, no problem with that) and the poor poorer and poorer (and with that I do have a problem.)

    Sheesh.

  27. addendum by Anonymous Coward · · Score: 0

    I made my above comment before reading FinalMidnight's comment and having read his comment it occurred to me that my comment might be misread as an insult to all pharmacists instead of some existing corporate structure ( and laws and threats of lawsuits ) that turns many pharmacists into simply licensed order fillers. The closest thing today in the US that comes close to the old apothecary would be what I believe is called a compound pharmacist and is somewhat rare. The true object of my above comment was to indicate that even if large pharmaceuticals were not around a doctor could still send his prescription to the apothecary to be filled as long as they had the required ingredients to make it. Pharmaceuticals essentially put the apothecaries out of business by making sure that doctors prescribed as little as possible of what was in the public domain and manufacturing any such item so cheaply as to make it impractical for the apothecary to do so. However they charged like heck for the patent medicine they heavily influenced doctors to prescribe.

    Interestingly enough, from what I have read doctors sometimes even discussed with apothecaries/pharmacists in the past what to prescribe their patients. Which reminds me of a boyhood memory. My mother having always been a bit of an annoying penmanship freak once said something to our doctor about the way he wrote his presciptions out. The doctor replied that it wasn't meant to be readable, it was just to let the pharmacist know he wanted something and the pharmacist would call when he got it and find out what. The pharmacist did use the phone before filling the order and mother never accosted another doctor on his poor penmanship.

  28. Against patents by kosmosik · · Score: 1

    Great argument here - just mention that probably some people will die due to patents and describe the situation with drug patents. Nice one.

  29. See? by Digital+Vomit · · Score: 4, Interesting

    See? Patents do encourage innovation!...by forcing others to work around existing patents. :-P

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    1. Re:See? by Digital+Vomit · · Score: 1

      Whoever modded my post as insightful, I think you missed the point.

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  30. 15% to research, 85% to other stuff by Christian+Engstrom · · Score: 2, Insightful
    what do you think the ratio of new drug research is to profits? For a major drug company? Conversely, what do you think the ratio of marketing vs profits? Got a clue? No? Feel free to go do a little googling.
    In case the grandparent poster is Google impaired - a condition that medical science has yet to find a cure for ;) - I'll be happy to supply some links:

    Here are the Financial Highlights from the annual reports of Novartis, Pfizer and AstraZeneca. They all spend around 15% of their revenues on research. The number is typical for the industry. The other 85% go to other things, according to their own figures. More than half their revenues are spent on marketing and profits.

    So the standard argument for granting patent monopolies and allowing the pharma companies to charge whatever they want for the patented drugs - that they spend the excess revenues on research for new drugs - is simply not true.

    The organization Doctors Without Borders gives an example of how pharmaceutical patents affect prices i a recent press release:

    The case of AIDS illustrates the trend. While fierce generic competition has helped prices for first-line AIDS drug regimen to fall by 99% from $10,000 to roughly $130 per patient per year since 2000, prices for second-line drugs - which patients need as resistance develops naturally - remain high due to increased patent barriers in key generics producing countries like India.
    In this particular case, the price with patents was a hundred times the price without patents. How can 15% spent on R&D justify a markup by 10,000% on the final product?

    To the western world, pharmaceutical patents mean an enormous waste of money. In the third world, it's lives that are wasted instead. It's time to think about an alternative.

    And alternatives exist - plenty of them, in fact. Nobel prize winner Joseph E Stiglitz has made one proposal. The Swedish Pirate Party has made another (or essentially the same, actually). Economist Dean Baker has collected four others, that also run along the same lines.

    It's time to open up a global discussion about the effects of pharmaceutical patents, and the alternatives. Today's system is not only grossly immoral, it is also expensive and wasteful. It's time for a better way. Pharmaceutical patents kill.

    --
    Christian Engström, Former Member of the European Parliament 2009-2014 for The Pirate Party, Sweden
    1. Re:15% to research, 85% to other stuff by Aladrin · · Score: 1

      "How can 15% spent on R&D justify a markup by 10,000% on the final product?"

      I'll bite. Because 15% of that 10,000% markup is used for research. The initial research is NOT CHEAP. When someone comes along and 'creates a cheaper version' they are not starting from scratch. They know how the new drug works, and what it does. Then they just have to modify it slightly, or find something else that does the same thing. That's quite a bit easier than starting from scratch and finding something to do the job.

      I don't like drug companies, but railing against them as if they are evil and claiming everything they do is to screw the public is going too far.

      Also, on the 50% being used for marketing that was mentioned earlier... The goal of a company is to maximize profit. If spending that much on marketing didn't generate more profit for them, they wouldn't do it. And more revenue means that 15% is bigger, too. Anyone who thinks they could take that 50% used for marketing and put it directly to R&D is dreaming. In all likelihood, there would be LESS for R&D if they dropped the marketing, and not more.

      As for the alternatives, I submit they are worse than the current system. They ALL rely on the government doling out money. That's MY money. The only thing worse than paying too much for something is paying for something I didn't get. No thanks. Besides that, I don't trust the government to correctly figure out what research is worthwhile. The current market decides that by simply putting a value on the drugs. People pay more for drugs that are worth more to them.

      And what about incentive? There's GREAT incentive in the profits these companies make. If the government were doling out the money, there'd be more researching going on, but it would be restricted and the massive-profit incentive, which drives most people in the US, would be gone. There's every chance those 'star scientists' would just go find better paying work.

      No, I'm for fixing the current system instead of replacing it.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  31. Promotes diversity in medicine by Joebert · · Score: 1

    If it wasn't for patents, what would drive people to look for alternate treatments ?

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    1. Re:Promotes diversity in medicine by The+Rizz · · Score: 2, Interesting

      If it wasn't for patents, what would drive people to look for alternate treatments ?

      I dunno ... maybe the idea that there are possibly better treatments that could be discovered? Ones with less side effects, that work faster, that work for people that the known treatments don't, or perhaps even ones that have a lower production/materials cost?

    2. Re:Promotes diversity in medicine by Joebert · · Score: 1

      Well hell, if there's that much to drive us, why do we need patents in the first place ?

      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    3. Re:Promotes diversity in medicine by Anonymous+McCartneyf · · Score: 1

      In this case, the patents are to allow the method of making the original drug to be known, even if we can't take advantage immediately, and simultaneously to prevent the person searching for new drugs from going bankrupt hunting them down. If finding and testing drugs was cheaper, patents might not be needed.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  32. wrong by oohshiny · · Score: 2, Informative

    Patents are simply recognizing the inventor's right to say, "I'll show you how to do X if you promise to do Y."

    Unlike physical property, the Constitution does not recognize the existence of intellectual property or any other intrinsic rights to ideas or inventions.

    Therefore, patents create that right, they don't recognize it. And they create that right only temporarily, only for a very limited set of ideas, and only if the inventor actually lives up to specific requirements.

    In contrast to physical property, the only generally recognized ethical obligation people have with respect to ideas is that they have to attribute them correctly.

  33. a couple of things to keep in mind by oohshiny · · Score: 1

    People should keep in mind that a large part of the development of drugs is already financed by tax dollars. Yes: your tax dollars go towards drugs that drug companies then get a monopoly on in order to sell. It wasn't always so; I believe the law on that changed in 1980.

    As I recall, Krugman did the calculation and computed how much tax dollars subsidize the development of patented drugs and how much tax payers end up paying for purchasing the resulting proprietary drugs, and he came to the conclusion that we'd be far better off if we simply abolished drug patents altogether and just paid for the entire drug development out of public funds.

    An additional problem with the current patent-incentivized drug development system is that it meets aggregate market needs, not actual health needs. Concretely, it is more profitable for drug companies to develop endless variations on cold medicines that don't contribute significantly to health, and to develop drugs for treating the symptoms of diseases without healing the underlying diseases, than it is to develop drugs that quickly and effectively treat serious disease.

    I love free markets, but for health care, they simply aren't working in their current form. If we want a free market-based health care system, we need to structure the health care market very differently, and that also includes massive changes to, or abolition of, drug patents.

    1. Re:a couple of things to keep in mind by Overzeetop · · Score: 2, Insightful

      You could save half of the development costs upfront, as pharma companies already spend more on marketing than on research and development. BTW - only a small fraction of that money goes to the commercials you see - most comes from the armies of representatives that ply doctors offices with samples, notepads, pens, junkets, and other freebies. And it works - they doctors get the dog and pony show, and even if they don't take the free trips/tickets/gifts, they remember the sales pitch.

      I happen to be suceptable to sinusitis, and twice in the past (when under full healthcare) I have been given Augmentin, then later Augmentin XR when it came out. A 10 day treatment, I found out once I switched to a high-deductible plan without a pharm co-pay, runs about $300. Now, it turns out that Augmentin is just a large-dose amoxicillin with a bit of clavulanic acid, a beta-lactamase inhibitor, which is added to extend the life of the amoxicillin. This winter I ended up with sinusitis following a mild head cold, and sucessfully treated it (with the doctor's permission) using a 14 day course of equivalent-dose amoxicillin. For $10. The previous physician had the big sell on Augmentin, and since it was "better" and most doctors don't keep up on drug costs the latest and greatest was prescribed. This is small change when you look at bigger, long-term drugs, but is indicative of the effect of the one-on-one marketing, and the return.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:a couple of things to keep in mind by PharmD2B · · Score: 1

      Actually, the clavulanate attempts to block the action of beta lactamase which is produced by certain strains of bacteria in response to the action of penicillins. Had your bacterial strain contained the plasmid needed produce the beta lactamase you would have been happy to get the Augmentin (but not the XR, it is a waste of money unless you really don't like taking multiple doses of medication per day).

  34. Re:that's a nice sentiment by Anonymous Coward · · Score: 1, Insightful

    It is funny you mentioned GlaxoSmithKline since the Rector of Imperial ( Sir Richard Sykes ) is the guy who facilitated the merger between Glaxo and Smith Kline. I would be very curious to find out what is his attitude against this research which apparently is not good news ( PR wise, I suppose ) for GlaxoSmithKline ( among others ).

  35. Re:that's a nice sentiment by tkrotchko · · Score: 1

    It appears in many studies that R&D costs and clinical studies are the main drivers of cost:
          http://www.washingtonpost.com/wp-dyn/content/artic le/2006/12/19/AR2006121901510.html

    A comprehensive look (and really interesting read) is here:

          http://www.cptech.org/ip/health/econ/dimasi2003.pd f

    Where it goes into great detail about drug development costs.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  36. I just posted this up above by tkrotchko · · Score: 1

    At the risk of being modded redundant to myself, people should look at this link before drawing conclusions about the development costs of drugs.

          http://www.cptech.org/ip/health/econ/dimasi2003.pd f

    And I think that you're being modded a troll is complete incorrect. Moderators, just because you don't agree with someone doesn't make them a troll.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  37. Re:the so-called "inventor's rights" are in fact . by Anonymous Coward · · Score: 0, Insightful

    no one else could have written harry potter

    Actually, I think most of us could have written that.
    Magic, wizards, weird names and children: the recipe for every fantasy children's story in the last 50 years.

  38. Bill Gates by Anonymous Coward · · Score: 1, Interesting

    This is why Bill Gates' largesse with respect to fighting disease should be taken with a grain of salt. Because the research he supports is protected by the IP regime, the actual cost of delivered drugs may be significantly higher than they otherwise might. It's very analogous to the way Microsoft values their software contributions to schools and other charitable causes. Instead of considering the actual cost of manufacturing and distribution, they include a giant markup to cover their "intellectual property". Software is worse, because you don't even get title to actual software, but only a license.

    Much of Bill's money is going toward research. That's great. I'm not talking about that. I'm talking about the cost of supporting the IP regime. There would be far more medicine available to assist the disadvantaged if there were actual competition in the marketplace.

    I don't consider Bill a hopeless case. He understands full well the burden IP protections place on the marketplace. Bill could transform himself from an unequivocal business titan to a truly transformative historical figure if he would use his clout to press for real change in patent and copyright law. By doing so, he could do far more to make the world a better place than by simply contribributing a few meager billions of dollars. Money is just money. Ideas last forever.

    "If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today. ... The solution is patenting as much as we can. A future startup with no patents of its own will be forced to pay whatever price the giants choose to impose. That price might be high. Established companies have an interest in excluding future competitors."

    --Bill Gates

  39. Re:the so-called "inventor's rights" are in fact . by Lord+Ender · · Score: 1

    I'm glad to see you decided to respect my patent on the tag. If you are interested in using this tag in the future, contact me for licensing rights.

    --
    A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
  40. Here's a much better artticle: by Anonymous Coward · · Score: 0

    http://www.newscientist.com/article/dn10873-cheap- drug-dodges-big-pharma-patents.html

    If you have a science article, why not link a science outlet? General news media generally get science wrong, and non-science reporters rarely understand the subject.

    BBC is fine for stories about serial killers, unless the serial killer is a disease.

    -sm62704

  41. Re:the so-called "inventor's rights" are in fact . by Slithe · · Score: 1

    I certainly could have written Ulysses. It's only a story about some bloke pissing around Dublin.

    --
    ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
  42. not exactly by janek78 · · Score: 1

    Actually, omeprazole alone WILL cure ulcers. Most ulcers would even heal on their own.

    The reason antibiotics are often given is the association between Helicobacter infection and ulcers. Eradication of this bacteria improves healing but most importantly it reduces your risk of getting ulcers again it the future. But (depending on your population, of course) the prevalence of H. pylori is actually decreasing and more and more ulcers seen today are H. pylori negative (in the two years I worked at a GE clinic, I would say that only a minority of ulcers were H.p. positive). Aspirin and other NSAIDs are very good ulcer-causing drugs that are nowadays consumed in enourmous quantities by ever increasing population of patients. No need to give antibiotics to there ulcers.

    So to repeat myself - omeprazole alone can help ulcers heal, if there is H. pylori, antibiotics are given as well.

    1. Re:not exactly by zubernerd · · Score: 1

      Thanks,
      I forgot that not all ulcers are caused by H. Pylori... I shouldn't post stuff before noon (US-CST), since I'm brain dead before noon most of the time.

      --
      Accentuate the positive, don't waste your mod points on the negative.
  43. Re:that's a nice sentiment by RMH101 · · Score: 1
    So go and market that drug in Africa - nothing's stopping you doing so. You can't sell in US or Europe without FDA/MHRA approval (which you wouldn't get in this example), but unless their's any African regulators you need to satisfy, sell away. This doesn't happen in practice because it's not economic for Pharma to generate drugs of different toxicity for different markets, and probably not ethical, either. I take your point, but there's nothing stopping anyone doing what you suggest and it isn't happening, due to fairly predictable economics...

    The argument should, I think, be more around Pharma having incentives to allow licenced cheap production of patentable drugs locally...

  44. and if they didn't advertise... by RMH101 · · Score: 1

    ...they'd sell less. Make less profit. They don't spend money on advertising just for fun...Big pharma lives and dies by it's megabrands and these appear to need to be advertised in the US. I'm much more comfortable with *no* advertising of prescription medication, but I guess that's an issue to address the US TV networks with, rather than the companies that avail themselves of their advertising...

  45. Re:the so-called "inventor's rights" are in fact . by Anonymous Coward · · Score: 0
    no one else could habe written harry potter, for example.
    Dave Barry disagrees with you:

    Why should the Harry Potter woman get to write all the Harry Potter books? Any professional writer can do it! All you need is your plucky British schoolboy characters, your forces of evil, your ominous foreboding, your grave peril and your totally unexpected plot twists. In fact, I'm going to write the next Harry Potter book right now:

    CHAPTER ONE

    Harry Potter awoke with a start. Outside Hogwarts Castle, it was dark and ominous. In his mind, Harry mentally reviewed his situation for the benefit of people who have not read the first four books in this series. He was a plucky young wizard with magical powers living in England, a small foreign country that speaks English, but with a lot of slang. He was in grave peril from the forces of evil.

    "Blimey, Ron!" he said to Ron Weasley, with an English accent. Ron and Harry were mates, which in England has a different meaning.
  46. Nice .... by jbeaupre · · Score: 1

    You managed to slip in an ad hominem attack on anyone who dares disagree with you, before they can even respond. Nice way to encourage rational dialog. Or maybe you're so self centered you believe anyone who ever disagrees with you is defective.

    --
    The world is made by those who show up for the job.
  47. Reference to one of the key patents mentioned by Patent-Monkey · · Score: 1

    Scherling Corp appears to hold the key patent impacted by this one. Work arounds aren't about destroying the value of the patent system, many companies employ work-around techniques to mitigate the value of a potential license and drug companies, or any company, need to account for their pricing with the potential ramifications of activities like this.

    www.patentmonkey.com

  48. or hers by Rowan_u · · Score: 1

    or hers

    Sorry . . . but you did put it in bold.

    --
    only one everything
  49. Re:the so-called "inventor's rights" are in fact . by Anonymous Coward · · Score: 0

    There is a difference between the technical ability to write something and the fact that such a book is almost by definition unique. If you try to write it without having ever seen or head of Harry Potter before you would not create Harry Potter. Even knowing the basic idea you'd simply create something similar at best.

  50. So point out another system that makes such drugs by Anonymous Coward · · Score: 0

    Find us an example of another economic system that actually produces drugs like those we're discussing. Since you're so damn smart, that should be really easy, right?

    Except the multiple examples your supreme intelligence simply must be able to produce can't depend on the current model in any way - no "working around" the patented results of the current drug industry.

    So come on, bright boy, show us the alternative systems that actually produce cancer-fighting drugs. Show us these other ways of producing drugs that keep HIV-positive people alive and healthy for decades.

    What? You can't show us alternative systems for developing complex, intricate drugs that have actually been shown to work?

    Why not?

    So whose viewpoint is not rational but religious? Because it's based on wishful thinking and faith and not on demonstrated reality? Who has swallowed propaganda hook, line, and sinker because of a desire to wreck a functional if expensive system that actually does save untold millions of lives in favor of some unproven drug development model that happens to work for commodity software?

    You're willing to risk indirectly killing millions of people just validate your economic and social viewpoints.

    You're a ghoul. A fucking idiotic ghoul.

  51. No -- this isn't really good news. by Vitriol+Angst · · Score: 1

    The new "workaround" to bind Interferon with Sugar, is to use an aqeuous solution, with a neutral PH balance, and apply torroidal disturbances to the solution matrix. They have essentiall patented stirring -- and the charity part is just a sneaky way to get everyone on their side, until they start charging licensing fees for your morning cup of coffee!

    I'm going to plunk my last $750 in the bank down right now, on patenting a method for using a temperature elevated aqeuous solution, to bind disparate subtances in a solution with torroidal disturbances. If nothing else, I'm going to make sure my morning cup of coffee is firmly Copy-Left.

    Then, from the procedes, I'll add the "temperature elevation" through microwave excitation of molecules -- sure the Microwave has already been patented -- but nobody thought to "bundle up" the full procedure. We are talking about a full "PROCESS" here people! I'll just have to deliver 10,000 pages of prior art -- no biggy.

    --
    >>"ad space available -- low rates!!!"
  52. Re:the so-called "inventor's rights" are in fact . by Da_Weasel · · Score: 2, Insightful

    Creative thinking, observing things from a unique perspective and hard work is what leads scientist to these discoveries. Saying that these discoveries are simply a matter of putting a few more bricks on an existing wall and that someone else eventually would have done this anyway is an insult to the discoveries of the scientific community.

    Harry Potter built on a wealth of previously existing literature about wizards and magic, but that doesn't cheapen it in anyway...

    Just because you don't see the artistic, creative beauty of science doesn't mean that it doesn't exist. Things that are systematic and functional can also be artistic.

    --
    If you must!
  53. Over-priced medications by guruevi · · Score: 1

    >$14000 a year? Who really can pony that up? I am living in the US and I make a very good living compared to a lot of other people in my area, especially in the world and if I wouldn't have any health insurance, I doubt I could really get that up for myself, let alone if I had a family.

    $14k a year is for a lot of Americans over 1/4 of their yearly income before taxes. Imagine living in a poor country where your total income IS $14k or lower, those people can never get their hands on such products.

    Roche and other big pharmaceutical companies (Bayer, Janssen) have made health and health insurance a trillion dollar industry and apparently have no regret that they are killing people, not only in third world countries but I can imagine that a lot of people in the US and Europe can't get the medicine they need because of them.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
    1. Re:Over-priced medications by PharmD2B · · Score: 1

      Really, the pharmaceutical companies are KILLING people? What you are trying to say is by developing and marketing drugs meant to alleviate / cure diseases the companies are actually KILLING people? People are getting the medicine they need whether by paying full price out of pocket, paying copays, having Medicaid pay for it or taking part in programs for free or low cost medications directly from the manufacturers. Are they always getting the latest, greatest, bestest, most perfectest medications? Probably not.

  54. COX-2 inhibitors by DeadCatX2 · · Score: 1

    IANAPharmacologist, but even I know that COX-2 inhibitors are bad news. See sibling.

    --
    :(){ :|:& };:
  55. Retarded People this is simple by midway22 · · Score: 1

    Drug companies are just that.. companies, businesses, profit makers! Are you trying to tell them to not make money but invest money in research, ads, etc and just give their products away?

    What many people are stuggling with here is not what a drug company should or should not do but that they want social welfare where the government pays for the research of the drugs then it can freely be given away.

    I am sry but there is no way to look at this problem and blame the drug companies. They are just doing what any other business does, make money.

    If you want to discuss the probem, talk about the expense of using capitolism in drug research/production. Would we get as many ground breaking medicines if we relied on a non profit agency to produce them or does having competition produce more.

    1. Re:Retarded People this is simple by FredMenace · · Score: 1

      The problem with your argument is that much of the funding for the R&D *is* paid for with public funds already. And the drug corporations still get the monopoly, and resulting profits.

      What's more, they continuously spend millions to try to convince people like you that they are doing it all for the public good, spending their money wisely to create new, needed treatments, etc.

  56. Ignorance = "+ 5 Insightful"? by FallLine · · Score: 1

    To show an example to illustrate this (picked purely at random, and may not be typical in the industry, but I suspect it is):
    Revenue (ttm) : 52.21B
    Gross Profit (ttm): 42.77B
    Profit Margin (ttm): 24.17%

    Pfizer is hardly a representative sample of the average drug company at an average time in recent history. They are probably the most successful drug companies right now because they have a few highly successful blockbuster drugs still on patent. This picture is likely to change for the worse over the next several years as their patents expire and the current pipeline is apt relatively dry.

    ...and this shows the industry enjoys about a 65% Gross Margin.

    And this is a meaningless statistic in a heavily R&D driven business. All this means is that their COGS sold, i.e., the to actually manufacture the pills themselves, is about 35% on average. It says nothing of the cost of R&D, licensing, legal/lawsuits, management overhead, and, gasp, even sales (which are important to ANY business).

    So to agree with what you're saying: Pfizer made some 42billion dollars in profits because they have protection on their product; and that profit comes directly from the consumer, and comes directly at the expense of sick people that can't afford the drugs they produce.

    'Research' is an expense which decreases profit. Such large profits are simply monopoly protection income that has not been spent as promised: on research.
    This clearly shows us that we need to at a minimum reduce the patent term, and more realisticly review the very concept of drug patents

    The 42 billion dollar you cite is "gross profit" which ignores various important operating expenses like: R&D, SG&A/overhead, one time charges, and other important expenses. After these expenses are taken into account the "profit" is roughly 11 billion dollars. Furthermore, it also ignores interest ($471M) and taxes ($3.5B). The actual net income available to shareholders was roughly 8 billion dollars (about 80% less than what you suggest) and this is the most relevant number if you wish to discuss the attractiveness of the businesses and its cost structure. Numbers for the lazy.

    Now you might argue that 42B over COGS is only possible in large part because of patents, but then you'd also have to acknowledge that without that 42B dollars a lot of other essential activities like R&D, IT, Legal, mgmt, etc would not be covered. In other words, even if we assume that the shareholders need no profits, and strip them of their 8B dollars, the notion that there are huge savings to be had over the long term by eviscerating the drug companies is not borne out by the numbers.

    Contrast that with an industry that doesn't enjoy protection on it's product, say Toyota (also picked randomly but assumed to be more or less industry leader at this time)

    Revenue (ttm): 189.92B
    Gross Profit (ttm): 34.83B
    Profit Margin (ttm): 7.00% ...and this industry has to make do with only about 19% Gross Margin.

    Wrong. Toyota owns more than ten thousand patents.. What's more, each non-Toyota component in the car typically claims at least several patents, even if not owned by Toyota those patents still spur innovation.

    By the way, Redhat (RHT) has profit margin of 18%.

    Anyone who argues that the current patent system is necessary or healthy in the face of these abnormal profits is sick and twisted or stupid or corrupt or maybe all of the

    1. Re:Ignorance = "+ 5 Insightful"? by dwandy · · Score: 1
      Though some may quibble about just how much profits are necessary to sustain investment, no one with a solid understanding of business or economics would fail to recognize that profits are essential to motivate investment and that high risk investments demand higher returns
      I don't disagree that profit is necessary, and don't disagree that higher risk means higher reward needs to be achievable.
      Even if you think Toyota should be the model of the maximum profit margin allowed to a company
      I don't think it's for anyone to decide what the profit margin should be. If there is sufficient reward (monetary or otherwise) then private enterprise will get involved. If not, then ...well, it probably won't get served by the private market. If it's still important to society then the guv may step in and have a look. Like roads for example. There's no 'profit' in public roads, but we still have them (and need them...)
      the drug business still depend on patents to cover their costs
      The drug business has been offered patents and would be stupid not to take advantage of them (since they enrich the owners). There is no proof that patents actually work, and there seems to be a growing body of research that indicates the opposite: patents slow down advances and/or are unnecessary.

      Beyond the ethical concerns of arbitrarily denying people drugs, the reality is that human advancement is in baby steps, and drugs have a long testing period. This testing period gives the 'originator' of a new drug an artificial monopoly during which time the generic has to design, test and have their own drug approved. This gives the 'original' first-mover advantage, which gives them profit enough for the micro-change/improvement they have made, but doesn't force everyone else to wait 20+/- yrs to improve the drug. It eliminates the patent system which decreases their operating costs, eliminates patent enforcement costs and makes generics available in less time making drugs more affordable.

      As I usually do in any patent debate I refer you to this.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    2. Re:Ignorance = "+ 5 Insightful"? by FallLine · · Score: 1

      I don't disagree that profit is necessary, and don't disagree that higher risk means higher reward needs to be achievable

      Yet you've seriously implied that drug companies are making too much without suggesting what the "right" number should be or really studying the history of the big pharma. Nor have you resolved the difference between a spot return at one point in time with one company versus those of average returns for investments like that. Yes, Pfizer is doing relatively well right now (one company at one point in time). However, investments are not made on the basis of what is happening today so much as what is likely to occur in the future (weighting real and perceived risk and the range of possible outcomes). When you combine what is already a high risk investment with some blundering policy that suggests that if you do happen to find some good drugs, we'll not allow you to make a healthy margin (whether through neutering patent, capping excess profits, etc) what you're really doing is sending a signal to the market to divest itself of those investments. You may not see its impact on the retail market for 10 years or so, but you would most assuredly feel it.

      Some food for thought:

      Pfizer and Bristol-Meyers 5 year stock chart

      Pfizer and Merck 5 year stock chart

      Merck, Pfizer, and Bristol-Meyers have all lost between 30 and 40% of their market value over the past 5 years. The reason this is happening is because their pipelines are starting to run dry (and thus their revenues are apt to take a real hit). Who in their right mind would stick their money in these companies in the environment you suggest (no patents/reduce profits/etc) when the pay-off on research won't come for 10+ years, if ever, and when it does come, it will be at small levels or worse (without patents they wouldn't be profitable at all)?

      I don't think it's for anyone to decide what the profit margin should be. If there is sufficient reward (monetary or otherwise) then private enterprise will get involved. If not, then ...well, it probably won't get served by the private market. If it's still important to society then the guv may step in and have a look. Like roads for example. There's no 'profit' in public roads, but we still have them (and need them...)

      Pardon me for saying so, but that's a lazy and retarded approach to the matter. There is not a lot of doubt amongst actual experts in the field that the pharmaceutical companies would have to close up shop without patents. Your suggestion that where private industry fails government will take over adequately is risky and laughable. While I won't refute that there are some things government must usually be involved in (like major roads) it should be avoided whenever possible. What you are asking is for the government to basically plan our economy and for a whole lot of this burden to be shifted directly to tax payers. Pfizer's $8B dollar net income (available to shareholders) would look cheap when compared to the cost of government employees, regulations, and planning are imposed. You mentioned that government builds roads without "profits" yes, but they also plagued with corruption and vast inefficiencies.

      Besides those issues, you also have the issues related to central planning. Who will decide what medicines should be made? How will they judge the attractiveness of investment and how? What body of government will they report to? How will they treat those that take risk to innovate internally? What about externally -- innovators in a patent-free world -- do you presume all good ideas occur at Govt Inc? Presuming you don't want to just transfer these costs to the tax payer (

    3. Re:Ignorance = "+ 5 Insightful"? by dwandy · · Score: 1
      (me:) As I usually do in any patent debate I refer you to this
      ok ... my turn to sigh.
      You didn't actually bother to read the homework before you claimed 'facts'? I can live with someone who hasn't read any counter-claims to their world-view to title me 'ignorant', but when presented with some reading at least *READ* it before continuing to claim 'facts' that aren't actually 'facts' but theories being pushed by those that profit from the propogation of those theories...
      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    4. Re:Ignorance = "+ 5 Insightful"? by FallLine · · Score: 1
      ok ... my turn to sigh.
      You didn't actually bother to read the homework before you claimed 'facts'? I can live with someone who hasn't read any counter-claims to their world-view to title me 'ignorant', but when presented with some reading at least *READ* it before continuing to claim 'facts' that aren't actually 'facts' but theories being pushed by those that profit from the propogation of those theories...
      I may choose to respond to this later, however that does not excuse the gaping holes in your argument (especially when you've shown no ability to sensibly apply this very general and widely rejected theory by the great majority of economists and virtually anyone involved with high-risk investment). Merely claiming that a first mover advantage will allow companies that are making investments into things like drugs to both recoup their costs and profit suffiently as to motivate further investment is a facile argument.
  57. your purported harms are infact benefits by physicsphairy · · Score: 1
    Drug companies spend far more money on advertising than they do on research and development. The next time you watch "Wheel of Fortune", you might realize that the billions of dollars being spent pushing viagra and nexium on everyone are NOT making their way to fundamental advances in science.

    Let's evaluate, shall we? Ask yourself, why would a company possibly eat into their profits to spend even $1 on advertising? Could it be because they expect >$1 return?

    The money spent on advertising generates more money for research. Not less. You would be just as absurd complaining about how St. Jude's Hospital spends so much money advertising for donations. Their expenditures result in more money to help sick kids get better, and the situation is exactly comparable.

    You may besides consider that in as much as we are discussing monopolistic patents, these companies are generally not advertising to compete against other products, but rather to perform the service of informing people about the existence of their product, i.e., people who would otherwise not receive treatment due to ignorance of its availabilty.

    On top of that, the increased scale of marketing decreases the optimal sale price.

    No matter what the local basement-dwelling Rand-ite may tell you, economics is not a science and is not necessarily the best model for health care. Human welfare is not a widget that can (or should) be bought and sold like a car or an mp3 player.

    economics
    -noun
    1. (used with a singular verb) the science that deals with the production, distribution, and consumption of goods and services, or the material welfare of humankind.

    No one's telling you to like the conclusions of economics, but saying it is not a science is astoundingly ignorant. What else do you call a mathematical theory of behavior that is firmly grounded in real-world confirmation?

    Your assertions about the value of human welfare may be right; but quite honestly, they are not relevant to the discussion. I for one would tender that a human life is infinitely valuable. Would I therefore justify sacrificing the entire U.S. GDP to save one person? Would I do something like outlaw peanut butter in order to rescue those persons who may otherwise die from peanut allergies? How about outlawing cars?

    The moral value of a person against other physical things is simply not a realistic metric for political decisions. You must instead base your analysis on the apparent worth of health, longevity, etc.. A free market provides the best system for this. A human life may be of infinite value, but this is not how people behave (or else--why the continued market for cigarettes?) and in governmance we must defer to the latter, not the former.

    And how many millions of people will die in the meantime?

    Quite a few, but also rather a lot less than if we decided that making ineffective moral gestures was more important.

  58. Re:the so-called "inventor's rights" are in fact . by FallLine · · Score: 2, Interesting
    Actually, copyright is specifically NOT a natural right in the US, although it is considered one in Europe. That was a major hangup in copyright treaties, until they agreed to disagree.
    Besides the fact that this is really a philosophical debate now, many of the so-called "natural rights" have drifted too, there is considerable debate about this in the US today. Though Jefferson was clearly influential in advocating the view that IP is mere social contract, this was not the predominant view of the time. Try reading this paper before presuming that all people who think otherwise are idiots. Many people want to take a very selective view of history by saying that the courts were right in taking a less expansive view of IP rights, but that they're wrong now that it is drifting in the other direction.

    It is also worth keeping in mind that patents and copyrights have important diferences. A strong copyrights has little chance of colliding with the rights of others to create independently whereas a strong patent necessarily demand significant breadth and these create a significant chance of interfering with independent invention (or at least creates the opportunity for someone to make a credible claim). I support strong patent rights, but I can accept a more nuanced view of these than I can copyrights.

  59. Way, Way, Way Wrong. by FallLine · · Score: 1
    Drug companies spend far more money on advertising than they do on research and development. The next time you watch "Wheel of Fortune", you might realize that the billions of dollars being spent pushing viagra and nexium on everyone are NOT making their way to fundamental advances in science
    This is factually wrong by any informed account. Direct-to-consumer advertising only accounts for roughly 1% of drug revenues. Most of the promotional costs go to free samples (+50% of it) and sales reps (~30%) with the remainder going to ads in clinical journals, sponsored research, etc. The total DTC expenditures for all drugs is roughly 3B dollars. While 3B may sound like a ton, this only equals about $8.50 per person in the US (ignoring that drugs are sold to a wider international audience).

    Furthermore, you seem to be under the false impression that any dollar spent on promotion is a dollar wasted or that any good drug will sell itself. However, the facts do not support your opinion. Many good drugs have been under-prescribed for a long time despite the drug companies' promotional efforts and guidance from leading experts, the CDC, etc.

    For instance, it is widely known by cardiovascular experts today that statins have been way under-prescribed. There have been numerous studies that have shown that roughly 1/3 of heart attacks would be prevented if statins were prescribed to high-risk patients alone. This despite the fact that statins were introduced well over 18 years ago for precisely this purpose. The number of high risk patients on statins was just 9% in 1992 (several years after their introduction) and just 19% in 2002. Even after a year after additional studies were performed (e.g., "Adult Treatment Panel III") just 50% of said patients were on the statins. Read it. Virtually every industry advertises especially those with something new to sell and those with very high fixed costs and relatively low marginal costs.

    Besides just the issue of under-prescription you should also consider that profit margins are not fixed. If they spent nothing on promotion it is very likely that their sales would suffer terribly. Assuming R&D and other non-promotional overhead is held constant their margins would quickly be reduced into negative territory, which would force them to raise prices or cut back on R&D to make it a viable business (or raise more capital, which would be impossible). The odds are very high that most classes of drugs would cease be economically viable since the few patients that are prescribed a particular new drug in some dire circumstance would not be able to afford the vastly higher prices.

    No matter what the local basement-dwelling Rand-ite may tell you, economics is not a science and is not necessarily the best model for health care. Human welfare is not a widget that can (or should) be bought and sold like a car or an mp3 player.
    These thoughts are fine and good, but this doesn't change the fact that drugs are produced largely by private US corporations (and a handful of Euro firms...which are increasingly coming to the US) and that they need to cover their primary costs (R&D) and they even, gasp, need to make a profit to ensure continued investment. Until such time that our government, hell ANY government, proves itself capable of developing its own medicines with any reliability, let alone doing them nearly as cost-effectively, I would not want government to meddle with the drug industry model (except, perhaps, in the most extreme of circumstances, like AIDS drugs in the 3rd World).
  60. Not to be cheesy or cliche, but by Anonymous Coward · · Score: 0

    A pill that would keep me alive when I would otherwise die would be worth a lot more to me than every diamond on the planet.

  61. Threatening to cull the herd by Anonymous+McCartneyf · · Score: 1

    "(There is something to be said about business cycles actually strengthening the economy by threatening to cull the herd, but I don't see corporations being that altruistic...)"
    Cull the herd?
    I know, you were being metaphorical. You meant culling corporations. But one of the things we're discussing here is people needing life-saving or life-extending drugs who are unable to afford them. You can imagine what happens if they don't get the drugs.
    I do like your economics. I just found your choice of phrase there somewhat chilling.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  62. gratz by Thirdsin · · Score: 1

    I give these researchers 3 cheers, and hope their work will contribute to the greater good. If only the entire healthcare field was so centered.....

    --
    No words of wisedom here.
  63. This article makes no sense at all by Anonymous Coward · · Score: 0

    As a researcher who works with PEGylated proteins, I can tell you this article makes no sense at all. PEG stands for poly(ethylene glycol). PEG is a hydrophillic synthetic polymer. It has nothing to do with "sugar". Some proteins do have "sugars" attached to them, this is called glycosylation, but it is something totally different. Basically, people will be dumber for having read this article. I would expect more from the BBC.

  64. Incorrect by Rob+Simpson · · Score: 1
    Both COX-2 inhibitors and regular NSAIDs can increase the risk of heart attacks. Rofecoxib (Vioxx) had a slightly higher than average risk, celecoxib (Celebrex) has slightly less risk. Ordinary Advil is probably about as risky as Vioxx was.

    From Bandolier:

    "A great deal of thinking will need to be done. There will be, and have been, suggestions that all these drugs, including over the counter analgesics, should be withdrawn. But in both these large studies half the patients were present or former users of NSAIDs or coxibs. Alternatives are few, with problems of their own."

    Consider that the "alternatives" are acetaminophen (liver damage with high doses) and Flintstones chewable morphine...

  65. There's an extended-release Augmentin?! by Rob+Simpson · · Score: 1

    I haven't seen that in Canada... were the twice a day Amoxi-Clav 875s not big enough? :-D

    1. Re:There's an extended-release Augmentin?! by Overzeetop · · Score: 1

      Twice a day XRs are 1g/(32.5mg?)x2 with a total dose of 4g amox, iirc. And, as you can tell by the parents correction of my post, I am neither a molecular biologist or a doctor. *shrug*

      --
      Is it just my observation, or are there way too many stupid people in the world?
  66. Re:SPANKU by endianx · · Score: 1
  67. Can the gov. manage resources? by Anonymous+McCartneyf · · Score: 1

    Thank you.
    So, you think pharmaceuticals would work out much better if they came from the government, but not from the current American government. That's not good. We can vote out bad governments, but we clearly also vote them in. The administration that is pure enough, and free enough from corporate influence, to allow only government-controlled drugs to be made will have to include safeguards against the next government that is as corporate-friendly as the one we've had in place for the past four years. Even then, there is no way to stop that admin from allowing the corps. to work alongside the government in drug-making.
    There are incentives other than the profit incentive that rush drugs. The reason so many drugs get approved too quickly today was, back in the early '90s, an AIDS drug was under the approval process, but because the process was longer then, somewhere between thousands and millions of people would die while it was being tested. Humanitarians everywhere protested the time lag, and so the fast-track process was born. If there were no corporations involved, the government wouldn't fast-track as many drugs as they do now, but they would still fast-track the ones seen as most desperately needed. If COX-2 inhibitors fall into that class (rheumatoid arthritis isn't deadly, but it is painful and debilitating), then the Vioxx problem could happen again--and I'm not yet convinced that there'd be any other COX-2 inhibitors ready to replace it under your system.
    Yes, the gov. could research drugs that the corps. wouldn't, and that could be beneficial. But it can't research them and all the drugs that all the corps. do research: that would take billions of dollars, and the kind of gov. that would start this sort of program is not the kind of gov. that would just shove it all onto the national debt. The funds can't come from selling the drugs, which are all at cost of manufacture or less; therefore, they must come from taxes of some sort. You know how even a noble American feels about taxes when he is aware of paying them.
    Competing drugs in the same class from corporations is, well, competition. From the government, copmpeting drugs in the same class might look like pork. The public can demand research, but it can also demand the end of research. This is part of your plan, of course; that's why you have transparency. But you ask that the public be educated enough to know which lines of research should be followed, or that it listen to the researchers when the decision whether to continue is made. We can guarantee neither in a democracy.
    So this might not solve the benzodiazepate/SSRI problem. In our world, Valium and its kin had been around and apparently working fine for a good forty-five years before Prozac was discovered. In that time, there was nearly twenty-five years between when it was decided that Wellbutrin wasn't that good a replacement for Valium-type drugs and when the next non-Valium-type drug that was effective in that area was released--and buspirone isn't quite as effective; it's just safer. Prozac came approx. five years later...
    Anyhow, if Valium and its kin work well enough for forty-five years, why invent Prozac? Why even have more than one drug in the Valium class out at a time--which would kill Haldol (to the relief of some), but might also keep Xanax off the market (for better or worse)? Drug research would be funded as much as Congress wants, but how can the public tell legit research from pork?
    If you think that Valium & Prozac are lifestyle drugs that never needed to be invented, try to imagine this argument in some more critical field. Say, anti-seizure drugs.
    Your idea is noble. I am just cynical and afraid of unintended consequences.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  68. Coffee, Twinkies, cookies, and drugs by Anonymous+McCartneyf · · Score: 1

    The research costs for Twinkies were sunk decades ago; the basic formula hasn't changed since 1930 or so. Last I checked, brand-name Twinkies were $1.00 for two, or $3.50 or so for a dozen. They cost less than that when they came out, but money was worth more then. Of course, generic "Twinkies" do cost $0.50 for two...
    The research costs for the sorts of cookies that sell for $3.50 a bag were sunk some time ago: 100 years for Oreos perhaps, approx. 75 for chocolate chip and chocolate chunk, centuries for most other classic varieties. More recently researched cookies sometimes cost $3.50 a cookie, or $3.50 for six cookies, or $7.00 a tub. Prices on older cookies held mostly steady through inflation. And cookies don't require that much skill to make: most people can follow a cookie recipe. Even more can make cookies from a box mix (also approx $3.50 for "a bag" of results, not counting oil & eggs).
    The research costs for coffee were sunk 1000 years ago, and it didn't require that much research to discover it. I'll presume that it cost far more, relatively, back then than it does now. Recently researched coffees have been known to cost $3.50 for 12 oz. or $6.00 for 6 oz. or $14.00 for 2 oz. Even coffee at $2.99 a pound often uses 13-oz. pounds nowadays.
    I'm not saying that the price of that heart drug is reasonable. I'm not saying that that corp. isn't gouging you and your grandma; $100.00 a day is likely typical for new medicine, regardless of how essential it is for the patient, but that doesn't make it easier to take or pay. But still, if discovering that drug required as much R&D as Twinkies did, and if the drug is as hard to process for market as coffee is, then it's logical that it costs more than Twinkies or coffee. That patent will expire someday; someday the price will go down.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  69. Addenda by Anonymous+McCartneyf · · Score: 1

    Okay. We might not need as many drugs as we do now. But how can we be sure which actual drugs we'll want before we find them?
    If synthetic drugs will be replaced with naturally occurring compounds, and since in your plan the government will be in charge of everything anyway, the natural compounds must be tested as thoroughly as the synthetic drugs. Some natural drugs are safe and work. Some don't work, however, and a few aren't safe. Your system should treat ephedra exactly like ephedrine: both are okay, or neither are.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  70. Theories of patents and copyrights by Anonymous+McCartneyf · · Score: 1

    Thanks for the post! I like your analysis: even those who disagree with your conclusions should find your analysis useful.
    I believe that patents and copyrights should both exist, neither conflated nor annihilated.
    I believe that patents and copyrights should fall under different standards. Patents should be handled under the utilitarian model: most inventions are more perspiration than inspiration. Either 17 or 20 years is decent. Since these patents cover drugs, we'd best make it 17. Software patents are banned--copyright is enough for software.
    The sorts of work that copyrights cover include a lot of utilitarian work, but also a lot of genius work. Copyright law should cover both kinds, and it actually used to cover both kinds. So, I hereby propose that we return to the system used before the Sonny Bono Copyright Act: registration and notice of copyright required, 28+28 terms, explicit renewal required for the second 28. There would be less need for copylefts in this system, and works will get covered according to how the people who make them value them--but within limits. No work would be covered for more than one average lifetime.
    I know most on /. prefer 14+14 with renewal, and given that software is copyrighted you have a point. If copyright is optional, either 14+14 or 28+28 can be made to work. I think 14 alone is too short for the genius works.
    "Life" must never be part of a copyright term, because life is unpredictable. "Life+" guarantees that a work is covered too long; "life" alone encourages assasination of artists.
    I do not want "copyright=14 years+revenue" for similar reasons: that too is indeterminate, and it'll lock out of the public domain the works that would most benefit the public domain. If "14+revenue" became law, the film industry would suddenly become profitable, and there will be 15th anniv. editions of every new film made...

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  71. Complications by Anonymous+McCartneyf · · Score: 1

    Well, at least there is more than one drug company. I imagine that the number of drugs we get now is greater than the number we would get from direct government development by the number of companies competing with each other for prescriptions. The sit. could be better--there have been quite a few mergers in Big Pharma, and there is too much advertising. Prescription drug ads no more belong on TV and radio than cigarette ads do. But it could be worse...

    --
    There is a fine line between recklessness and courage... -- Paul McCartney