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Cancer Drug May Not Get A Chance Due to Lack of Patent

theshowmecanuck writes to mention that in a recent study, researchers at the University of Alberta Department of Medicine have shown that an existing small, relatively non-toxic molecule, dichloroacetate (DCA), causes regression in several different cancers. From the article: "But there's a catch: the drug isn't patented, and pharmaceutical companies may not be interested in funding further research if the treatment won't make them a profit. In findings that 'astounded' the researchers, the molecule known as DCA was shown to shrink lung, breast and brain tumors in both animal and human tissue experiments."

88 of 471 comments (clear)

  1. Am I missing something? by Anonymous Coward · · Score: 2, Informative

    If this *REALLY* works, wouldn't people be willing to pay for it?

    If people are willing to pay for it, how come somebody isn't willing to profit from it?

    1. Re:Am I missing something? by Anonymous Coward · · Score: 4, Insightful

      If this really works, anyone who goes through the effort needed to conduct FDA trials and bring the drug to market will immediately face competition from generic drug makers who've invested very little in bringing their product to market. If it were patented, then it would become profitable to spend the money to show that it really does work. Otherwise, the company doing the leg work won't have the leg up on their competition.

    2. Re:Am I missing something? by Anonymous Coward · · Score: 5, Insightful

      Re:Am I missing something?

      Yes.

      It's not that people wouldn't pay; it's that without a patent, there's no protection for the manufacturer. Company A pays for the R&D on the drug, and then they go through years of clinical trials to clear the regulatory agencies. This costs $100mm to $1bln for most drugs. If there's no patent protection, Companies B through H can produce generic equivalents, prove equivalency to the regulators (at a cost of a few 10s of millions), and then undercut company A on price.

      In the short run this appears to benefit the consumer. In reality however, Company A is too smart to give a free ride to their competitors. The drug never gets developed and more people die.

    3. Re:Am I missing something? by bfields · · Score: 4, Insightful
      If this *REALLY* works, wouldn't people be willing to pay for it? If people are willing to pay for it, how come somebody isn't willing to profit from it?

      We don't *know* for sure yet that it really works. We don't know for sure that it may not have some bizarre side-effect in some patients. Answering those questions to the degree of certainty that will convince the FDA to let any US doctor start prescribing it to patients will take huge amounts of time and money. And once one company has expended that effort, *anyone* can sell the drug--and all the companies that didn't fund the testing will have the advantage that they don't need to set a price that will recoup the investment in testing.

      So the market will penalize the company that actually does most of the work needed to bring the product to market. As a result, no company will do that work.

      That's the problem that patents on pharmaceuticals are intended to fix, really: they fund the testing required to establish to the government's satisfaction that the drug is safe and effective, by giving a temporary monopoly to a single company, as an incentive for that company to invest in the testing.

      We think of patents as existing to reward that "ah-ha" moment of insight that produces an original idea. But often such insights are cheap, and occur to multiple people simultaneously. What we really need the patent monopoly for is to encourage the research required to bring a product to market, whenever that research is something that, once done, any competitor could use for free.

    4. Re:Am I missing something? by erroneus · · Score: 4, Insightful

      So yeah, there's no financial incentive. So what about in other countries? Will it get developed and tested elsewhere? And if successfully tested, will it become legal in the U.S.?

      What we're talking about is the essential blocking of just one path by which a drug gets to patients. Is there only one path? And if there's only one path, *THEN* we have a serious problem where the industry is truly getting in the way of a better existance for humanity.

    5. Re:Am I missing something? by cayenne8 · · Score: 4, Insightful
      "That's the problem that patents on pharmaceuticals are intended to fix, really: they fund the testing required to establish to the government's satisfaction that the drug is safe and effective, by giving a temporary monopoly to a single company, as an incentive for that company to invest in the testing. "

      Well, if this is the case, why can a US institute like NIH, which I think gets a bit of govt. research funding, conduct the trials for drugs that are not patentable, but, might be of benefit to humans...and if it passes...then all drug companies are free to manufacture them?

      If this couldn't be done, then possibly the govt. needs to set up a system for testing drugs that the drug companies won't/can't push through due to the cost with no patent protections.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:Am I missing something? by vandan · · Score: 5, Insightful

      The people are willing, but our governments are not.

      I have long argued that the drug companies should be sidelined in favour of public money ( and lots of it ) being invested into medical research, with the benefits enjoyed by all. The problem is that the pharmecutical industry is incredibly powerful ( and rich ), and prevent our governments from performing any public research, insisting that the 'market will provide'. This story points out the bullshit level in this case. The market does not provide anything for society other than those things which make the most profits for market players. If we want the best possible medical technology, and for it to be accessible by all people and not just those with the cash, then we need to have massive public investment, and also consider specifically excluding medical technology from patent law.

    7. Re:Am I missing something? by stormcoder · · Score: 5, Informative

      Actually, if you read the article (I know bizarre), you would have know that it is already and FDA approved drug and is actively prescribed. It has some side effects but nothing horrible. Since it is already approved, getting it cleared for use in a an additional capacity is much easier since it has been proven safe for human use. The only thing that needs to be proved is effecacy.

      --
      Sorry my bullshit sensor overloaded.
    8. Re:Am I missing something? by HiThere · · Score: 4, Insightful

      Actually, you are overstating the work which the drug companies engage in. Most of the research is done in academia, under federal funding. But not quite enough to quality a drug for FDA approval. Then some drug company buys the rights to something that it considers promissing, after most of the risk is gone. It then runs the final trials, etc., and gets the patents.

      Is it any wonder that the drug companies have such remarkable profits.

      Personally I feel that the solution here is to forbid exclusive or discriminatory licensing of research developed with federal money. This would probably mean that research trials would need to be carried further (i.e., more up front investment), but it would prevent the monopoly pricing that is currently the rule. (If you don't think my scenario is common, then what I'm proposing wouldn't very often change anything.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    9. Re:Am I missing something? by MrNaz · · Score: 2, Insightful

      I don't have mod points, so consider this my +1 insightful. I agree with your position, healthcare should be a public institution, a proper public institution with all aspects controlled by the public sector, not just a few delapidated hospitals providing a perfunctory sub-par service and the really important stuff controlled by profit seeking corporations.

      --
      I hate printers.
    10. Re:Am I missing something? by dbrutus · · Score: 4, Interesting

      Since DCA is already on the market for the aforementioned mitochondrial dysfunction maladies, there doesn't need to be any testing. You just administer it "off label", if you dare. The problem is purely a legal one, figuring out the liability if you get the dosage wrong. The people who are currently making DCA have little incentive to fund that sort of thing because they're making next to no money on it already.

      This is a job for a different business model, that's all.

    11. Re:Am I missing something? by dbrutus · · Score: 2, Insightful

      Proving efficacy is only a necessity in a minority of countries, the big one being the US. Proving safety is usually sufficient elsewhere which is why medicines often get approved quicker in Europe and other places. There is a 'grey' solution of "off label" prescribing but I'm not sure you'd want to do that with a cancer drug. Then again, with the right waivers, you might.

    12. Re:Am I missing something? by 6ame633k · · Score: 5, Interesting

      Perhaps Health Insurance Companies could fund this type of research - they would stand to benefit directly due to the high costs associated with cancer treatment.

      --
      You had me at merlot
    13. Re:Am I missing something? by Holmwood · · Score: 3, Insightful

      It's legal, but the obvious concern is liability. And that's a huge issue in the United States. Obstetricians now do a lot of C-sections. Not because it's better or safer (it's probably not), but because trial lawyers were very successful over the last 10-15 years in painting the C-section as "safer" anytime something went wrong with a delivery. Without FDA approval, you're asking for your medical practice to be annihilated by any hungry lawyer that comes along. Moreover, the drug manufacturer is begging for annihilation like Dow Corning. Who cares about the science or the logical merits, there's billions to be made in law suits. Like it or not, patent protection seems to be the best model we've got for developing innovative new drugs. (No, I don't think software patents are a great idea). I can't see other countries with different regimens that have produced lots of innovative drugs like the US. And and incredibly slow FDA trials seem to be the best model so far for preventing bankruptcy. (Not, it should be said, for the patients as witness the relaxation of some rules in HIV and HCV treatments). I sadly can't see any effective model that beats out drug patent protection. If you can, name one in operation that is producing superior results. I can certainly see a number of models (see Canada, much of Europe) that beat out FDA trials. Holmwood

    14. Re:Am I missing something? by asuffield · · Score: 4, Insightful

      If any government-funded entity did this, the patent-funded corporations would scream "unfair competition!" and send their hordes of patent-funded lawyers and lobbyists to get them shut down.

      Big money defends itself.

    15. Re:Am I missing something? by Fred_A · · Score: 2, Interesting
      In the short run this appears to benefit the consumer. In reality however, Company A is too smart to give a free ride to their competitors. The drug never gets developed and more people die.
      Well, yes, but on the other hand a lot of money is saved on patent fees. Stop looking at the dark side of things. Sheesh.

      For ages lots of people have fought for state funded research in drugs in Europe for this exact reason (well, among others, notably the fact that very few labs actually do any research any more). Affordable treatment (in Real Life, between 40 and 60% of the budget of a given medicinal drug is marketing related, this before profit is even factored in).

      Bah, anyone who's had to do with the inner workings of a pharmaceutical lab knows that there's nothing to expect from them anyway. New treatments will come from other directions. The labs mostly recycle older molecules nowadays. A lot of them are among the most cynical corporations on the face of the planet (you thought the tobacco companies were bad, you've never met anyone from a pharma lab).
      --

      May contain traces of nut.
      Made from the freshest electrons.
    16. Re:Am I missing something? by erroneus · · Score: 2, Interesting

      Now *THAT* is something I could get behind.

      Right now, the healthcare system is being driven by those who make the most profit from it. There's lots of incentive to treat with no incentive to cure.

      On the other hand, medical insurers have LOTS of incentive to promote preventative and curing meaures. I'd like to see some sort of requirement for medical insurers to grant portions of their windfall profits for medical research... give them some sort of tax break or something as compensation.

    17. Re:Am I missing something? by The_Wilschon · · Score: 4, Interesting

      But if the defense lawyers just say "Well, you had no plans to develop it yourself, and besides, once it is developed, we are handing out the blueprint for free.", then the patent-funded lawyers ought to have no case. Whether or not they do have a case is a matter of what the laws on the books are, and I don't know that. But, if the laws on the books say they do have a case, then those laws have become a problem and need to be changed. The lobbyists might be more of a problem, which perhaps merely indicates that we need more restrictions on corporate lobbying.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    18. Re:Am I missing something? by sp3d2orbit · · Score: 2, Informative

      The drug companies would like us to believe that patents are necessary to bring new drugs to market. Those who "drank the kool-aid" claim that without patents generic drugs would make drug research unprofitable.

      What is profitable?

      Pfizer pulled in $51.2 billion in 2006 with $8 billion in profits.
      Merck wasn't as "profitable", with only $4.6 billion in profits on $22 billion total income.
      The top 10 drug makers are worth $1.125 trillion and made $50 billion.

      But, what these numbers don't show is that there are barely more than 10 major players making any significant money in drugs. Is that because there is so little money to be made? A mere $50 billion?

      I can't figure out how a free market would allocate so much wealth into so few hands. Unless the market wasn't free to start with.

      Drug companies use patents to subdivide the treatable medical domain into discrete markets that can be monopolized or duopolized so long as the patent stands. It is true that without the patents there would be more generics to compete with. That's not a bad thing.

      The drug company who first develops a medicine still has a competitive advantage, even without a patent. They will be first to market. They have the opportunity to define the brand in the eyes of the consumer. Brands like Viagra and Botox have value to the user that a patent doesn't provide.

      Drug patents are not really "necessary" to make a profit, but they are necessary to make such huge profits.

    19. Re:Am I missing something? by Swave+An+deBwoner · · Score: 2, Informative

      Here is an interesting article about where the health care money actually goes. Purportedly, about 30% goes to the insurance companies, not to doctors, nurses, pharmaceutical companies, or anyone else actually involved in delivering medical care.

      (The article is free, though you have to sign up, for free, with Medscape before getting access to it.)

      http://www.medscape.com/viewarticle/508911

    20. Re:Am I missing something? by dbrutus · · Score: 2, Insightful

      You're always going to die of something and the pharma/medical community will be there managing, treating, and curing it as much as they can. Any one particular segment might get hit if a cheap cure eliminated their bread and butter work but they'll shift over to something else, no worries. In short, no devastation to be had so no point in buying up political muscle to make it illeal.

      So granny doesn't die of that cancer and takes her diabetes, blood pressure, osteoporosis, and glaucoma medication for 10 extra years when she just drops dead from boredom. Oooh, what a financial loss overall for the med/pharma complex, NOT!

    21. Re:Am I missing something? by SamSim · · Score: 2, Insightful

      Why wouldn't the government fund that research? Isn't it the government's job to ensure the welfare of its citizens?

  2. Funny by StarKruzr · · Score: 2

    I thought the United States had the monopoly on horridly broken patent systems.

    --

    +++ATH0
    1. Re:Funny by chimpo13 · · Score: 2, Funny

      Canada is the 51st State.

    2. Re:Funny by rumblin'rabbit · · Score: 2, Funny

      Ahem. The U.S. is the 11'th through 60'th province.

      We haven't figured out what to do with D.C. yet. Maybe give it back to the Indians, since it isn't good for anything anymore. Then they can rename that damn football team.

    3. Re:Funny by jours · · Score: 2, Funny

      I don't believe we have a monopoly on it yet, but we're working on securing a patent.

      --
      This sig intentionally left blank.
    4. Re:Funny by Dr+Caleb · · Score: 5, Informative

      It's not a broken system. On my local news (Edmonton, home of the UofA) they are specifically NOT including drug companies in funding the trials, because they want the drug to be cheap.

      FTA:

      "A small, non-toxic molecule may soon be available as an inexpensive treatment for many forms of cancer, including lung, breast and brain tumours, say University of Alberta researchers."

      Sir Frederick Banting, (another Canadian) did the same thing with his patent for Insulin, so that drug companies would never have a monopoly on something needed for people to live.

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
  3. Moo by Chacham · · Score: 5, Insightful

    Cancer Drug May Not Get A Chance Due to Lack of Patent

    Note the word "may".

    But because it's not patented or owned by any drug firm, it would be an inexpensive drug to administer. And researchers may have a difficult time finding money for further research.

    Speculation.

    Dr. Dario Altieri, of the University of Massachusetts, said the drug is exactly what doctors need because it could limit side-effects for patients. But there are "market considerations" that drug companies would have to take into account.

    Buesiness fact.

    Michelakis remains hopeful he will be able to secure funding for further research.

    As anybody would.

    "We hope we can attract the interest of universities here in Canada and in the United States," said Michelakis.

    Excellent.

    --

    The only news here is the drug itself and how things are moving along well. Yet, a speculation is reported as the main factor, when there is no supporting information for it. Did they even ask for funding yet? The researchers are taking the market into consideration, and the reporter seems to want to make a big deal out of it.

    Even if the pharmaceutical companies do turn it down, and even if they do turn it down on the basis of no profit, it just means that the researches will have to do more presentation to find funding. If there is obvious promise in this (which there's have to be to get a pharmaceutical company to invest loads of cash) some organization, or college, or government grant will help pay for the studies.

    1. Re:Moo by Andy+Dodd · · Score: 5, Informative

      Or you can patent one of the production processes for it.

      Someone mentioned the inventor of insulin trying to ensure a "no-monopoly" situation, but since the advent of human insulin produced by genetically engineered bacteria (as opposed to from the pancreas of slaughtered cows/pigs), a select few companies (Eli Lilly and Novo Nordisk and that's about it with one exception) have dominated the insulin market since the 1970s (Insulin was discovered in the early 1920s, by the way) due to patents on:

      Methods of producing insulin (specifically recombinant DNA origin insulins)
      Methods of tweaking insulin to be absorbed/used by the body over a longer period of time by adding stuff to the injected mixture (Lente, Ultralente, NPH, etc)
      Methods of producing insulin with "faster than natural" activity profiles by tweaking the molecular structure itself (Humalog and Novolog)
      Methods of producing insulin with extremely long "peakless" activity profiles by a combination of the above two techniques (Lantus and Levemir) - BTW this is where the one exception to the Lilly/Nordisk dominance is. Lantus is made by Aventis.

      From one "unpatented" drug that according to this article will not have an interest from big pharma, history shows that global market dominance can still be established. I have a feeling drug companies right and left will be racing to tweak this new drug to make a better version or better production process (which happens to be patentable).

      --
      retrorocket.o not found, launch anyway?
    2. Re:Moo by billcopc · · Score: 2, Insightful

      Sir, you make it too easy.

      What people are overlooking is in the US to sell a drug it has to be FDA approved and goign through that process is expensive.

      Well then, Fuck em I say.. you can keep your cancer if that's what the FDA says. Here's to me thinking pharmaceutical companies are a bad idea, but I'm a goddamned squirrel-loving socialist Canadian aren't I ? :P The very fact that there needs to be a financial incentive for these organizations to even look for a cure is pure evil. If medical research is to benefit the population at large, then it should be owned and controlled by the population at large. Up here, we call it the government. It is our proxy to act on behalf of the citizens in the practice of democracy. If the government runs a pharmaceutical operation, it creates the same jobs and produces the same output as a privately-owned company, only it essentially runs as a non-profit, so the drugs are not only fairly priced, but it removes a certain degree of racketeering. If there is no real money to be made anymore, then there will be less of a disincentive to actually cure things versus treating them for life. What if we could cure AIDS, cancer, diabetes ? Right now, a cure to either one of those widespread diseases would severely cripple the economy, either by stripping away a portion of pharmaceutical profits, or by having the cure so expensive that it creates a tyrannical "pay or die" culture that forces people to cripple their finances and their families' as well.

      In my book, capitalism and health should not mix.

      --
      -Billco, Fnarg.com
  4. profit.... by Anonymous Coward · · Score: 2, Insightful

    "curing" an ailment isn't anywhere near as profitable as "treating" an ailment...

  5. Generic drug manufacturers by panaceaa · · Score: 4, Interesting

    Wouldn't companies like Barr Labs, whose entire business model is to develop drugs that have fallen out of patent protection, be interested in developing a drug that's not patent protected? It could be a major windfall for them since they're able to develop a new drug before existing brands can be established in the space. The only trick I see is that Barr Labs isn't as used to dealing with the Federal Drug Administration for drug approval, so it might take some hiring in key areas of the company. But these don't seem like insurmountable challenges given the potential market size and the business model match with existing out-of-patent drugs.

    1. Re:Generic drug manufacturers by jfengel · · Score: 5, Interesting

      It's not just their lack of expertise. Getting a drug through level 3 trials is expensive: it takes a lot of (often paid) subjects, and doctors and nurses to spend time with those subjects, and a battery of tests to be done on those subjects. This money is spent over years to ensure that the pill is safe and effective before you have even a single paying patient. Paying the subjects is actually the cheap part.

      And there's the possibility that once they've spent all that money, it could fail. Maybe the pill just doesn't work. Maybe there are side effects: look at the way Merck is getting hammered for producing a highly effective pill (Vioxx) that just happened, to, well, kill a few people.

      Barr makes their money by letting somebody else pay for all that, and then coming in a few years later and charging a lot less. It's the usual problem: the second pill costs $.49, but the first pill costs $75,000,000.

    2. Re:Generic drug manufacturers by pla · · Score: 2, Insightful

      Wouldn't companies like Barr Labs, whose entire business model is to develop drugs that have fallen out of patent protection, be interested in developing a drug that's not patent protected?

      Nope.

      Manufacturing off-patent generics differs from bringing a new unpatentable product to market in one very key aspect - Off-patent drugs already have FDA approval.

      Finding substance-X doesn't cost that much... Pharmaceutical companies have developed techniques for rapidly trying every plausible variant of a given structure in one huge parallel batch. The cost comes from taking those chemicals that show promise, performing clinical trials to show safety and efficacy, getting FDA approval, and then actually marketing the drug.

      And highlighting just about the worst aspect of capitalism, the problem here doesn't just come from whether or not a company could take a likely candidate, do all that I mention above, and still turn a profit - The problem comes from the fact that seconds after one company foots the bill for all that, the rest can then start production and undercut the first player. So, rather than making less money than the competition, no one will take that leap.



      Some will gloatingly point out that drug patents exist in the first place to address that exact problem. Of course, that completely misses the point that in this case, the patent system has still failed to solve the problem, and if anything, exacerbated it.

    3. Re:Generic drug manufacturers by jfengel · · Score: 4, Informative

      I was not aware that the drug is already in use. If it is, you don't actually have to do anything: you can just get doctors to prescribe it off-label. (That's in the US; given that this is Alberta I can't say what the rules are.) You'd end up doing a Phase IV trial, which can be a lot cheaper if you can just get doctors to send in data.

    4. Re:Generic drug manufacturers by jonbryce · · Score: 2, Insightful

      I would argue that the problem is not the patent system here, but the FDA approval process. It is creating a huge barrier to entry, and this is the reason we don't get this treatment.

      Of course there should be restrictions in an otherwise free market to ensure that medicines are safe, but they need to be balanced against the risk that they become so onerous that we don't get the medicines at all. It looks like the balance is wrong in this particular case.

    5. Re:Generic drug manufacturers by steelfood · · Score: 2, Informative

      I believe this compound has been in use for a long time, albeit for other higher-level purposes. This is merely a different application of the same compound. It's almost like taking asprin for heart disease instead of pain. Since the compound already exists in a FDA approved form, why then would the researchers have to go through the same trouble again? At the very least, they'd be able to cite the previous studies done for FDA approval, and that should speed up the process considerably.

      Given this, I'd think it'd be easy for companies that make generics to start selling this.

      I think any funding would be going into testing to further medical knowledge rather than to attain any form of approval for use.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    6. Re:Generic drug manufacturers by Jeff+DeMaagd · · Score: 3, Informative

      I heard about the Vioxx situation on NPR's Science Friday, that it was a confluence of bad events. The drug had a very narrow group of indications but was practically advertised as a general-use product. There are suggestions that off-label prescriptions were strongly recommended, carelessly using it to treat illnesses for which it was not tested. In some situations, having the drug is actually better than not having it (a debilitating painful illness vs a very small risk of death), but there apparently is no good way to restrict the use so that only the people that really do desperately need it will get it.

      It's basically a case of too much of a good thing. IIRC, there are were suggestions of allowing restricted use but I don't remember what the deal is.

  6. This just in... by susano_otter · · Score: 3, Insightful

    This just in: developing medecines takes work, and work costs resources. Anybody who can think of a better way to provide resources to the people interested in developing medecines, besides patent royalties and the like, please come forward.

    And anybody who thinks that people should use their own resources to develop medecines, and then not ask for anything in return when they offer those medecines to the public, are kindly invited to drop whatever they're doing right now, that puts food on the table and a roof over their heads, and devote everything they have to developing medecines for free.

    --

    Any sufficiently well-organized community is indistinguishable from Government.

    1. Re:This just in... by Mr.+Underbridge · · Score: 2, Informative

      So if this medecine is so wonderful, and developing medecines for profit is so evil, why doesn't this University start mass-producing this medecine and giving it away for free?

      For one, it would be illegal since the thing isn't FDA approved. And what does it take to get FDA approved, you ask? Years of studies and many millions of dollars. See many of the other posts on the topic, I'll not repeat them, but the basic point is that they'd have no hope of recouping their investment simply because tons of other companies would drive the price of the drug through the floor.

    2. Re:This just in... by Billosaur · · Score: 2, Insightful

      You're obviously intelligent and skilled, and yet you're probably not doing anything to help cure cancer, are you? So when can we expect to see you give up your job, quit posting to Slashdot in your leisure time, and join a cancer-cure R&D team at minimum wage? Anything less, and we'll find you guilty of exercising your freedom for your own benefit at the expense of your fellow man, and we'll force you to be a more productive and helpful member of society.

      I'll gladly work for anyone who can put my computer and psychology skills to good use curing cancer, AIDS, poverty, etc. I'll even do it for free, in what little spare time I have. I don't pretend to be trying to cure anything, nor do I pretend to have the answers for all of society's ills. What I do know is that your typical CEO makes about 50,000 times more than most of the people who work for them, and if any of them were truly committed to the welfare of others, they'd put the money to work rather than spending it on luxury.

      BTW, whenever this country has put its mind to something, it has accomplished it. What we need is a Manhattan Project to cure cancer, and one to fight AIDS, and one to end poverty world-wide. I'll gladly pony up my spare cash to fund these initiatives.

      --
      GetOuttaMySpace - The Anti-Social Network
  7. Private enterprises won't develop the cure? by Rosco+P.+Coltrane · · Score: 4, Interesting

    then public labs should. This is a matter of public health, therefore the state should fund the research. If only because, if this molecule has potential, the taxpayer money they put into the research will be peanuts compared to what health care providers will have to pay for licensed medicines. I.e., for the state, this is a matter of making long-term economies, not even a humanitarian pursuit. But of course, our dear leaders have to be willing to pay a miser upfront to avoid paying billions to pharmaceutical companies 10 or 20 years down the line.

    I just don't understand this country anymore: have people completely forgotten we have (or should have) public labs to do the kind of research short-sighted profit-oriented companies won't do? apart for military technologies, it seems society has decided to put its future advances squarely and solely in the hands of the corporate world. This is sad.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Private enterprises won't develop the cure? by dpilot · · Score: 3, Interesting

      You seem to forge that this is Slashdot.

      Remember, "public" means "government", and "government" is the stupidest there is, unable to do anything at all right. All such intelligence and acumen reside with "business". If only "government" would get out of the way with silly regulations, operating under the principles of the "free market", the profit motive would induce "business" to do the right thing, with the end result that we'd all be better off.

      Silly things like effective medications that are inherently low-cost are an aberration, and don't really exist.

      --
      The living have better things to do than to continue hating the dead.
    2. Re:Private enterprises won't develop the cure? by Otter · · Score: 2, Interesting
      If only because, if this molecule has potential...

      As with every "New Miracle Cure For Cancer!" story here (this is, what, the fourth one of the year and we're barely halfway through January), this is something that kills tumors in-vitro, published in a respectable but unremarkable journal and then hyped by an overexcitable univerity PR department. There are literally dozens of results like this every week, virtually all of which go nowhere.

      As for the notion that the unwillingness to develop a drug in the absence of patent protection somehow is an argument against patents -- honestly, I can't get my brain down close enough to the level of such idiocy to reason with it.

    3. Re:Private enterprises won't develop the cure? by Abcd1234 · · Score: 2, Informative

      this is something that kills tumors in-vitro,

      Actually, according to this more thorough article, the drug has also proven effective is mouse models.

      Granted, this still isn't the same as a human trial, but it's a far cry from simply killing cancer in a petri dish.

      As for the notion that the unwillingness to develop a drug in the absence of patent protection somehow is an argument against patents

      Actually, it's more of an argument against privately funded drug development, as it's pretty clear that an unpatentable drug, no matter how effective, isn't useful to a company who's sole purpose is to make money.

  8. There are other ways... by haeger · · Score: 4, Insightful
    ...to make money.

    The "big" thing about the Losec medication wasn't really the drug itself, but the way it was delivered to the body iirc. And although AstraZeneca eventually 'lost' the patent (ok, it expired) on the active substance, a lot of other patents regarding the drug delivery were still in place, making them tons of cash.

    So I do believe this is just a scare from the pro patent lobby. I'm sure there are a lot of companies working on this right now to see if it's possible to make a useful drug out of it. Even if the drug itself can't be patented there's probably a whole lot to be learned from it, possibly to be used in other drugs that can be patented.

    I wouldn't worry. If it does cure cancer, we'll get the drug eventually.

    .haeger

    --
    You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
  9. Obvious solution by jfern · · Score: 3, Insightful

    Government funded research.

    A lot of people on Slashdot may disagree with this, but the "free market" is not the solution to everything.

  10. Get out your chemistry set by Hoi+Polloi · · Score: 4, Interesting

    According to the article dichloroacetate is relatively easy to obtain. "The compound, which is sold both as powder and as a liquid, is widely available at chemistry stores." I'm sure a pharmacist trained in the art of mixing compounds could formulate it to doctor's specs.

    If worse comes to worse you raid your old "Super Advance Kiddee Chemistry Set" and dose yourself.

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  11. How about socialism? by spun · · Score: 4, Insightful

    When the free market fails, as in this case, why not let government do it? Most major scientific breakthroughs have come from government funding.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:How about socialism? by spun · · Score: 2, Interesting

      The market would have failed far earlier without regulation. The free market system breaks down in the face of externalities, imbalanceof information, or natural monopoly. In this case, the issues are externalities and imbalance of information. The externalities are the potential harms caused by poorly tested drugs, and the imbalance of information is due to the fact that no average buyer will have nearly enough information to make an informed decision about what drug to take. Thus the need for government regulation.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  12. Better, more informative article by Anonymous Coward · · Score: 5, Informative

    here

    -mcgrew (my computer is broken):

  13. Re:If it didn't cost billions to get FDA approval by jo42 · · Score: 2, Insightful

    It will get researched, developed and produced in another country. Americans will then fly or drive to this country to purchase and/or use this drug if the damn Yankees ban it.

  14. Re:It's not as if... by s20451 · · Score: 2, Insightful

    ...Big Pharma would do it for the betterment of all mankind -- no profit in that!

    Yeah, it really sucked when the patent expired on Aspirin. Now nobody can buy one because businesses can't make money off it.

    Memo: Something that flatters your prejudices is not the same as news.

    --
    Toronto-area transit rider? Rate your ride.
  15. Not sure what the big deal is? by jackelfish · · Score: 2, Insightful

    When I checked, Dichloroacetic acid was not a controlled substance of any kind. Therefore if you have cancer and want to give it a whirl, you can just go onto the Sigma-Aldrich website, give them your credit card number and order a bottle. I am sure if it works as well as the researchers believe it does we will have plenty of anecdotal evidence for its usefulness in no time. Also, if it does work, then there is always the public funding sources that also fund actual clinical trials. All drugs do not have to come through Pharma. Soon someone will decide that there is enough money out there to make it worthwhile putting it in a caplet and selling it along side the vitamin C.

    --
    "When Nature Calls We All Shall Drown" Johan Edlund
    1. Re:Not sure what the big deal is? by evilviper · · Score: 2, Insightful
      Therefore if you have cancer and want to give it a whirl, you can just go onto the Sigma-Aldrich website, give them your credit card number and order a bottle.

      Yeah, and when you have an infection, you can just eat some moldy bread too...

      Pharmaceuticals drugs aren't just the active ingredient. If they were, we'd just eat pieces of willow tree bark for headaches, instead of taking aspirin.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  16. Re:It's not as if... by Anonymous Coward · · Score: 2, Insightful

    >...Big Pharma would do it for the betterment of all mankind -- no profit in that!

    To point out the blatantly obvious, it's not their money to screw around with; it belongs to the owners, i.e. the stockholders.

    How you would you feel if you suddenly stopped getting interest from your accounts just because your investment institution decided to give the money to a charitable cause?

  17. Easy solution by Snarfangel · · Score: 2, Funny

    1. Find a plant, animal, or mineral with it.
    2. Market it as a natural supplement.
    3. Profit! /yes, I found the mysterious step 2.

    --
    This tagline is copyrighted material. Please send $10 for an affordable replacement.
  18. May not matter. by Irvu · · Score: 5, Informative

    Even if the companies do turn it down they will get a further crack at it. Courtesy of the Byah-Dole act most publicly funded research (especially drug research) in the U.S. can later be "bought" by private companies who may then claim "intellectual property" on the fruits of the public's labors. It is this law that allows both AZT and Viagra (developed with funding from the National Institutes of Health) to be considered "private" property and for the companies to charge the people who invested in their development for their use.

    The practical upshot of this is that if the drug does go to the universities to be developed it would be following the normal track of most medical research. And if any patentability (say on dosage levels) does show up the companies can always buy it then.

    1. Re:May not matter. by Abcd1234 · · Score: 2, Insightful

      Even if the companies do turn it down they will get a further crack at it. Courtesy of the Byah-Dole act most publicly funded research (especially drug research) in the U.S. can later be "bought" by private companies who may then claim "intellectual property" on the fruits of the public's labors.

      Except that the pioneering work was done in Canada.

      Moreover, there is no IP here... the drug is simply not patentable (AFAIK). The only options are patenting delivering mechanisms ('course, it can apparently be administered orally, so there doesn't appear to be any options along those lines) or derivative drugs (admittedly there may be options, here).

      The more interesting thing is that the mitochondria appear to be a viable target for cancer therapy drugs. If anything, this discovery may spur work into developing other drugs/therapies.

    2. Re:May not matter. by FallLine · · Score: 2, Informative
      Reducing the duration of patents would solve this particular problem. There would be motivation to get the drug on the market quickly and make one's profits. If the durations were decreased, then drug profits would be decreased, which means that the drug companies would have even more motivation to produce more medications in the hope of getting a major hit.
      This is a total non-sequitur.

      First, drug companies have a huge incentive to rush a drug to market once they believe it is safe and effective. They've invested hundreds of millions of dollars -- they're not going to delay their ability to reap the profits unnecessarily. Even if you assume it wouldn't impact their patent life on market, the shareholders and management are highly motivated to make it happen ASAP.

      Second, the patent duration is relatively fixed in practice and they maximize their time on market with patent protection by getting it there more quickly. The absolute most they can gain is 5 years for the testing and regulatory review process, but no more than 14 years post-approval, and the FDA reduces time spent in testing (non-agency review) by half. So if they drag a clinical trial out for 2 years longer than necessary, they'd lose 1 year effectively. Most drugs have less 10 years on market before the patent expires.

      Third, drug companies can't make "too much" money for shareholders. They want to maximize their investment. If they've identified a drug that might worthwhile, they're going to patent it ASAP to prevent their competitors from beating them to the punch. Once they've done that the clock starts counting against them and they would be stupid to sit around on something that they have good cause to believe would work.

  19. Not in the "West" by NMerriam · · Score: 5, Informative

    Cuba has a large, thriving and internationally recognized cutting-edge pharmaceutical and biomedical research industry. They specialize in developing and distributing drugs to the 99% of planet Earth that can't afford $5/day to get harder erections. They generally research based on the commonality and severity of particular diseases, and then try to find exceptionally low-cost ways to solve them better. Ironically enough, it's quite profitable since selling tens of millions of pills to entire continents at 1% profit can add up pretty quickly.

    --
    Recursive: Adj. See Recursive.
    1. Re:Not in the "West" by Jherek+Carnelian · · Score: 3, Insightful

      the words Cuba and cutting edge just don't go together.

      Only if you've been brainwashed by western propaganda.

    2. Re:Not in the "West" by RonBurk · · Score: 2, Informative
      And yet, there is the disturbing case of policosanol (just buy some Cuban sugar cane to make it!). Policosanol has the disturbing property that it seems to treat high cholesterol when tested by Cuban-funded studies, but not when tested with non-Cuban dollars.

      Also disturbing is the fact that the Cubans discovered a new use for policosanol (increasing BMD for post-menopausal women) at just about exactly the time the cholesterol claim was being shot down by a large study.

      Let's not all sign up for the Cuban model of drug development just yet.

      In America, in Europe, in Cuba, and (I bet) in Timbuktu, one unfortunately always has to ask "who profits" when evaluating the claims made for any given drug.

  20. Naturally! by mpapet · · Score: 2, Interesting

    If they can't protect their market position, they won't make the investment. It has nothing to do with how many people's lives may be extended.

    This is how deregulated industries benefit consumers. Ohh wait...

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  21. 0.o by Muad'Dib129 · · Score: 4, Informative

    I am not surprised. I watched my mother in law die of lung cancer a few years ago. Her best (insurance-funded, of course) option was radiation & chemotherapy. A few months ago (July-August), I watched my father go through practically the same thing. Once again, his best (and also insurance-funded) option was radiation & chemotherapy. One bill I saw, that he had to fork out $225 for (co-pay for it being over $20k), was almost $21,000. Why is there not a cure and treatments are our best option? The fat ass American medical industry and the pharmaceutical industry can charge 10K per session to the Insurance Industry, who just plain rips off the American people. It would be such a wonderful irony to see something that isn't patented become a cure...then it would be available to EVERY F*CK*NG PERSON who could throw down a few bucks for the cure, instead of having to rely on the bullshit fat ass Insurance, Medical and Pharmaceutical industries to give us these bullshit treatments that prolong the agony. There would be fierce competition for sales of this cure, therefore making the price of it affordable without the necessity for the Insurance company to intervene.

  22. See? I was right... by robyannetta · · Score: 5, Insightful

    I *STILL* have cancer to this day because of the bullcrap like this.

    IMHO as a cancer patient, the reason why there's no 'cure' to different types of diseases (including diabetes) is because the pharmaceutical companies make billions of dollars a year keeping us sick. If there was a cure, there goes their profits.

    I would like to see a law passed that says that if a cure if found and not distributed within a viable time frame to the general public (lets say 10 years), the company can be charged with genocide.

    Will it happen? Hell no. There's too many people in power in Washington who owns stocks in these companies.

    - Just my $0.02, take with a grain of salt, your mileage many vary...

    --
    - Just my $0.02, take with a grain of salt, your mileage may vary.
  23. Universities? by rrohbeck · · Score: 2, Insightful

    Then why isn't a university running the necessary studies? Yeah, they cost a lot of money, but if the potential payoff is as big as it seems, funding shouldn't be a big issue.

  24. Unreasonable by forand · · Score: 5, Insightful

    How in the world is this insightful? You are recommending to people who have no clue what the consequences of just going out and taking some medication might be to give it a whirl since it isn't a controlled substance. Regardless of how we would all love to find out that you could just go to the grocery and grab a bottle of "No More Cancer," suggesting that people experiment on themselves is NOT a reasonable suggestion. Science is not the culmination of anecdotal evidence, just because it worked for someone does not mean it will work for you nor that what you think happened is actually what happened (e.g. just because you no longer have cancer after giving it a try doesn't mean that it was what caused the remission) Giving out advice as you have should be done with great care which you have not displayed.

  25. You got it backwards by Ogemaniac · · Score: 3, Insightful

    The problem is precisely the LACK of a patent system for this type of scenario. This drug shows exactly what would happen WITHOUT a patent system - no one would have an incentive to develop and test new drugs, because anyone else would copycat without the upfront costs, and win therefore win the price war.

    1. Re:You got it backwards by Abcd1234 · · Score: 4, Insightful

      The problem is the reliance on profit motive for development of new drugs. The need to patent drugs is simply a way to counteract this.

      Fortunately, countries like Canada are willing to spend money to develop drugs that everyone can benefit from.

  26. Good thing this is in Canada... by Arrgh · · Score: 5, Interesting

    ...where we believe that governments have a responsibility to set policy for, and even fund, public health initiatives that are not necessarily advantageous to any given industry sector or corporation.

    The research in question was funded by a Canadian federal government agency, and I'm certain that one or two well-funded, non-profit and/or public sector agencies will step up to the plate to study whether the proposed treatment is safe, and if so, some smart non-intellectual-property-driven and yet profitable organization will market it.

  27. Well there are non profit Pharmaceutical Companies by Anonymous Coward · · Score: 2, Interesting

    In July of 2000, Dr. Hale founded the Institute for OneWorld Health, the first nonprofit pharmaceutical company in the United States. Its mission was to develop safe, effective, and affordable new medicines for those most in need.

    Drawing upon gifted scientific minds and the innovative business model they had created, Dr. Hale and her colleagues set out to develop the pipeline of potential drug leads into approved new medicines at a fraction of the cost of conventional pharmaceutical development. To ensure success, the team stressed partnership and collaboration with industry and international research institutions. To ensure affordability, they sought donated and royalty-free licensing of intellectual property and identified research and manufacturing capacity in the developing world.

    http://www.oneworldhealth.org/

    A perfect match I'd say - These guys could produce and market a cure for cancer they can make a little money on it here in our part of the world, while using the profits let's say a couple of percent, on making drugs for other diseases available in the developing world... and hey whadyaknow - They also have cancer in developing countries!!!

  28. Cheap by drooling-dog · · Score: 2, Interesting

    The other problem is that dichloroacetic acid is a very cheap and easily produced chemical, on the order of things like aspirin and vitamin C. Nobody's going to be able to charge $10,000 for a month's supply (whatever that is) when you can go out and buy the raw compound for $30 a kilogram or so.

    Maybe the best chance (though a dangerous one) for it is for people to just start using it as an unregulated "nutritional supplement"; then maybe the new NIH institute that tests "alternative" therapies (I forget its name) will have to conduct the safety and efficacy trials.

  29. Re:It's not as if... by Abcd1234 · · Score: 2, Informative

    If somebody wants to sell this to treat cancer, the FDA is going to require 800 million dollars worth of Phase I, II, and III clinical trials before it allows the claim.

    Not AFAIK. My understanding is that the FDA will fasttrack an already approved drug (such as this one) for alternative uses. Since safety is already proven, the only thing necessary is efficacy trials (so far as I know).

    Fortunately, this makes it far more likely that a non-profit (or the government, who is obviously interested in lowering healthcare costs) could pick up the table to fund the research.

  30. Are you trying to troll me? by Dr+Caleb · · Score: 4, Interesting

    Yes it does. And that system is cheaper per capita, and results in Canadians having a 1.5 year longer average lifespan.

    http://en.wikipedia.org/wiki/Canadian_and_American _health_care_systems_compared

    --
    "History doesn't repeat itself, but it does rhyme." Mark Twain
    1. Re:Are you trying to troll me? by Dr+Caleb · · Score: 4, Informative

      Well, then he's trolling. 'Nationalized Healthcare' means we pay for it through our taxes, so price does matter. Many cancer treatments can run $12,000 a month, and are not covered by many provincial healthcare plans.

      There are many things we must pay for, out of pocket. Perscription drugs and non-approved cancer treatments are two of them.

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
    2. Re:Are you trying to troll me? by dryeo · · Score: 2, Informative

      Actually the average Canadian still has to pay for their drugs. Exceptions include people on income assistance, pensioners and perhaps others.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
  31. Re:Horsefeathers ... by Jerry+Rivers · · Score: 2, Informative

    Maybe you should read your own references. To wit:

    "However, concern about DCA toxicity is predicated mainly on data obtained in inbred rodent strains administered DCA at doses thousands of times higher than those to which humans are usually exposed."

    And

    "As a medicinal, DCA is generally well tolerated and stimulates the activity of the mitochondrial pyruvate dehydrogenase enzyme complex, resulting in increased oxidation of glucose and lactate and an amelioration of lactic acidosis."

    As for your other "source" (if one can call About.com a reliable source), the last sentence is telling: "The findings show that this side effect of DCA outweighs any potential beneficial effect of the medication in treating MELAS." In other words, DCA isn't good for people with the exceedingly rare MELAS SYNDROME.

    --
    The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
  32. In other words by j_w_d · · Score: 2, Interesting

    Patent lawyers nixed because they won't get a cut. The reasoning is beyond specious. If you consider that drug companies insist that patents are necessary to pay back tremendously expensive research, then you hear, "sorry, we can't produce the drug. It'll be too cheap."

    The idea that a lack of patent would prvent production is silly. Look at aspirin. It is made competively by any number of drug companies and lack of patents doesn't reduce aspirin's availability.

    --
    ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
  33. Jackass by Cadallin · · Score: 2, Informative

    If'd you actually bothered to read the article on Wikipedia on Insulin, you'd have learned that Frederick Banting was in fact the first person to extract the active agent from the islets of langerhans in the pancreas. He didn't know what it was (insulin was identified as the active ingredient of the extract some time later) but Banting was responsible for developing the first effective treatment for diabetes mellitus and he shared the 1923 Nobel Prize in Medicine for the Discovery of insulin with J. R. Macleod (who identified the insulin molecule as the active ingredient).

  34. Apples and Oranges by r00t · · Score: 2, Funny

    Lots of things differ: air temperature, school lunches, racial makeup (obviously "sickle cell disease", but way more than that too), pollution, etc.

    You even EAT apples and oranges, don't you? We subsist entirely on freedom fries cooked in trans fats.

  35. What About.. by Xybot · · Score: 2, Interesting

    ...Allowing anybody with terminal cancer to be prescribed this drug as long as they sign a waiver against side effects or other health consequences and agree to participate in a scientific study of health effects. The drug is already in production, and has passed FDA approval (albiet for a different condition). Believe me a person who is suffering from terminal cancer wouldn't even think twice about accepting this, what's their alternative?

    --
    God was my co-pilot, but then we crashed and I was forced to eat him.
  36. Up to a point (differs by province) by Rob+Simpson · · Score: 2, Informative
    In BC everyone has a deductible based on income... for non-seniors who make >$30000/year, when drug costs reach 3% of annual income Pharmacare pays 70%, and when at 4% of annual income Pharmacare pays 100%. (For people on expensive and long-term treatments, there is the option to spread out the deductible cost over the year.) Many "average" people with diabetes or high blood pressure will receive at least some coverage.

    Even someone who makes six figures may get their drugs paid for if they are on extremely expensive treatments. There are also other types of coverage, such as pallative and mental health, which will pay 100% with no deductible needed for specific drugs.

  37. bullshit by oohshiny · · Score: 3, Interesting

    In the case of DCA, if DCA is a cheap and inexpensive way of treating cancers, then medical insurance and HMOs will have an economic incentive in developing it further because it saves them money.

    Even if there is no economic incentive for drug companies or HMOs to develop a drug like DCA, it can always be tested and approved based on tax-payer funded trials--in the end, that will save the tax payers a lot of money compared to having the drug patented and sold at a premium. Furthermore, often, such drugs somehow manage to get used even without approval through various programs and channels.

    I have my doubts that DCA is the miracle drug the article suggests, but if it is, it's a good thing that it isn't patented: more people will be able to use it and it will cost less.

  38. Not exactly by Rob+Simpson · · Score: 2, Informative
    Drug companies could easily afford to sell their meds for less than Canadian prices if they slashed their marketing budgets. The price differences aren't that huge... More importantly, Canadian provincial plans will pay for the cost of the generic drug whose patent has expired, or a new type of drug which has been proven more effective, but if you want an evergreened version that costs three times as much because of the "Type R" sticker slapped on it - you can pay for it.

    Lowest Cost Alternative

    Also, consider this from JAMA: "None of the first-line treatment strategies-blockers, angiotensin-converting enzyme (ACE) inhibitors, calcium channel blockers (CCBs), -blockers, and angiotensin receptor blockerswas significantly better than low-dose diuretics for any outcome."

    The diuretics they refer to cost about a penny per pill. Some of the other treatments cost more than a dollar per pill.

  39. Isn't this why we have governments? by LikeTheSearchEngine · · Score: 2, Insightful

    You know, to fund necessary things for the public good?

    No profit in it, but that's why we pay taxes. So the government can do something that doesn't turn a huge profit.

  40. Quackery. by Grendel+Drago · · Score: 2, Interesting

    Yes, but the benefit of this particular research is that it's actual science, while "BarleyGreen" is quackery. And while some argue that it's essentially harmless and might give people hope, quackery kills people. Take that shit somewhere else.

    --
    Laws do not persuade just because they threaten. --Seneca
  41. It's not really a barrier. by Grendel+Drago · · Score: 3, Informative

    Not really. Botox is approved for muscle spasms, and gabapentin for seizures. The vast majority of uses are off-label; it doesn't seem to have stopped doctors from prescribing the drugs. While I'm sure there are liability concerns, I don't think they're the barrier you make them out to be for prescribing drugs off-label.

    --
    Laws do not persuade just because they threaten. --Seneca