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Indian Supreme Court Denies Novartis Cancer Drug Patent

beltsbear writes "Following a reasonable view of drug patents, the Indian courts have decided that making small changes to an existing patented drug are not worthy of a new patent. This ruling makes way for low cost Indian cancer drugs that will save lives. From the Article: 'Novartis lost a six-year legal battle after the court ruled that small changes and improvements to the drug Glivec did not amount to innovation deserving of a patent. The ruling opens the way for generic companies in India to manufacture and sell cheap copies of the drug in the developing world and has implications for HIV and other modern drugs too.'"

288 comments

  1. reasonable court - April Fools by rst123 · · Score: 0

    Now this is a good april fools joke - it's almost believable - until they come to the part about a reasonable court.

    1. Re:reasonable court - April Fools by Samantha+Wright · · Score: 2

      If you want to be cynical about it, do keep in mind that this will benefit local business, as far as the court's concerned. There may still be vested interests at work.

      --
      Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
    2. Re:reasonable court - April Fools by frootcakeuk · · Score: 0

      After the piss poor April foolery from slashdot this year, this is one of the funniest things I've read the last couple days

      --
      Remember kids: What's right isn't as important as what's profitable.
    3. Re:reasonable court - April Fools by DedTV · · Score: 2

      "Indian" Court.
      You must have thought it was a US Court where "Oh, you changed the marking on it from an M to a W?" is usually enough.

  2. Huh? by wisnoskij · · Score: 1

    Well I imagine that if these small changes are not enough to get a new patent, then they are saying that this new variation of the old drug falls under the protection of the old drug.

    --
    Troll is not a replacement for I disagree.
    1. Re:Huh? by rst123 · · Score: 3, Interesting

      except the old patent is probably expired / expiring.

    2. Re:Huh? by fustakrakich · · Score: 1

      Yes, so the patent will expire a little sooner than the company hoped. As far these things go, it was a good ruling.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Huh? by Anonymous Coward · · Score: 0

      Except that the Indian Supreme Court disallowed the original patent on a technicality.

    4. Re:Huh? by whoever57 · · Score: 4, Interesting

      The original invention/discovery was made before the date after which drugs are eligible for patent protection in India. So the original invention was too early and the changes were not sufficient for a new patent that would have been after drigs became eligible for protection in India

      --
      The real "Libtards" are the Libertarians!
    5. Re:Huh? by sjames · · Score: 5, Informative

      The 'technicality' is that drugs were not eligible for patent under their law at the time.

    6. Re:Huh? by Anonymous Coward · · Score: 0

      the small change should be patentable

      Why should such a small change be patentable? Patents (if you're the type of idiot who believes in them) are not supposed to be granted for obvious or simple things, so no, this was the right decision.

    7. Re: Huh? by Anonymous Coward · · Score: 0

      How is that fair when the US can blanket-illegalize "analogs" of research chemicals? My point isn't about how they're used, what I'm saying is if one government can essentially claim all these chemicals are the same when they don't want people to use them, why not block patents of chemicals that are possibly even more similar when there is a medically accepted use for them? Because of a "legitimate" use drugs which would be considered analogs of other (patented) drugs should be different, while chemicals that are "different" in the same way from illegal chemicals are treated as if they were the same and not only unpatentable but also illegal, potentially before they're even created? This was the right decision, and I hope the US follows suit

    8. Re:Huh? by black6host · · Score: 1

      Except that the Indian Supreme Court disallowed the original patent on a technicality.

      Which means, being the cynic that I am, that our pharma companies lobbyists are to blame, er...... thank. They didn't get what they wanted soon enough.

      This news pleases me.

    9. Re:Huh? by Anonymous Coward · · Score: 0

      ... the small change should be patentable ...

      That's lovely. It means, one can patent express shopping ... on the internet, patent push advertising ... on the internet, patent automatic replies ... on the internet. Guess what has already happened to the internet?

      ... real difference in effectiveness ...

      No. A patent is granted for an advance in the use of technology. That is, an un-obvious idea. If one invents a three-wheeled device for individual transportation, a two-wheeled device for individual transportation is obvious and its efficacy is irrelevant.

    10. Re:Huh? by Anonymous Coward · · Score: 0

      The OP's point is that if the changes are insufficient to warrant protection, then why don't patients just take the older version that's no longer under protection. Seems a bit fishy to me.

    11. Re:Huh? by Anonymous Coward · · Score: 0

      The revised formulations are very often only minor modifications. Sometimes as small as combining the original drug with a second compound to relieve common side effects (headache/nausea/etc). You get to market the "new" drug under a new name with the claim that it is just as effective as the old drug, but with fewer side effects. Only if the physicians really dig into the formulation do they learn that it really is just the old drug with some meclazine (Bonine) added. So, Gleevec goes out of patent and the price drops from $6k/month to $1k/month, but Glivec comes in as the new kid on the block with fresh patent protection; better than Gleevec and worth $6k/month. Nevermind that it's just Gleevec with $10/month worth of Bonine.

    12. Re:Huh? by Charliemopps · · Score: 2

      Well I imagine that if these small changes are not enough to get a new patent, then they are saying that this new variation of the old drug falls under the protection of the old drug.

      And you actually hit the nail on the head. You're entirely correct. Think about it this way, if the Original patten were still valid and another company came up with the same "Changes" could the first company sue under that patent and win? Of course they could. So how can that very same company claim that those changes are innovation? If they are innovation then the generic company should be able to make small changes and reproduce it.

      India is a screwed up country but this is one area they are getting right. If only the rest of the world would follow their lead. This issue is literally killing people by the hundreds of thousands. It's sick.

    13. Re:Huh? by h4rr4r · · Score: 1

      Because the pharma rep that buys the DRs office lunch and blows the DR, told them all about the new drug.

    14. Re:Huh? by drinkypoo · · Score: 2

      And if the "small change" actually makes a real difference in effectiveness, isn't that an argument that it _should_ be patentable?

      The problem with that idea is that drug studies can't show a small difference in effectiveness.

      Here's how the drug companies maintain their grip: They work on derivatives of the original drug which are slightly different but which do more or less the same thing, and have them ready before the patent on the existing drug expires. In the USA (and possibly other developed nations, but I haven't done the research) the approval of derivatives is fast-tracked. It is notably cheaper and the bar is much lower when compared to approval of a "completely" new drug. Then the old but perfectly functional drug is deprecated due to one or more means. One way is to step up the commercials announcing settlements for death or loss of function due to the old version. Another is to induce medicare (or similar) or insurance companies to not cover the old form of the drug.

      The "new" drug may not actually be any safer or better; if the study can be made to make the new drug look about as safe as the old one, it receives approval. In the USA there is not even a test for efficacy for these slightly changes to old drugs. But the slightly changed drug does receive a patent, and therefore it cannot be sold in generic form. Since insurance (or even public health) won't cover the old drug, people will buy the new one. And Big Pharma spends more on advertising than on R&D — most of which is targeted not as physicians but at patients, who are encouraged to ask their doctors about them. The doctors themselves may or may not be getting any kickbacks from the pharmaceutical companies (though some clearly are) but it's easiest to simply prescribe the patient what they ask for, and collect payment.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:Huh? by mdielmann · · Score: 1

      Let's say you have a patent on a 10-speed bike (2 gears in front, 5 in back). When it's about to expire you file one for an 18-speed bike (3 gears in front, 6 in back). How innovative is this?

      I'm not sure how close the changes to the drug are compared to the difference in my example, but the Indian court is leaning towards my example.

      --
      Sure I'm paranoid, but am I paranoid enough?
    16. Re:Huh? by oiron · · Score: 1

      Well, to be fair, the technology involved in three-wheeled and two-wheeled could be quite different - in terms of how you make the thing balance and so on. A better comparison may be "three wheeled device WITH A LIGHT ON IT"

  3. Re:Innovation by Zemran · · Score: 4, Interesting

    Only a complete fool, April or otherwise, would base anything on imaginary property. There is nothing intellectual about that.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  4. It's a good thing... by Anonymous Coward · · Score: 5, Informative

    A 30 day supply of 400mg tabs of Gleevec (imatinib sulfate) runs a lil over 6 thousand dollars. That's right, 6k a month to keep patients with CML, HES and certain stomach cancers alive. It's gone up over 2 thousand a month in the last 3 years alone.

    If you have insurance, good insurance, you might pay around 50 bucks of that a month. Without insurance, you get to use prednisone til it or the cancer kills you.

    Way to go pharmaceutical companies... and do you really think they are working on a cure when they can rake in thousands of dollars a month from each and every cancer patient??? Yeah right... think again... If they understand the cancer well enough to halt it in it's tracks for 90 to 95% of the patients that are treatable by this drug, and another 90 to 95 of those that take it are alive and in full remission 5+ years later, they certainly know enough to track down a cure if they were so inclined to do so.

    Greedy bastards...

    1. Re:It's a good thing... by Anonymous Coward · · Score: 5, Interesting

      Oh and the numbers I gave are based on the U.S. Dollar, inside the United States.

      I've been in remission for over 3 years thanks to Gleevec, but it still sucks that they (Novartis) push for profiteering over saving lives.

    2. Re:It's a good thing... by Anonymous Coward · · Score: 1

      Except, if there's no patent and no real money to be made from it as a result, why would any manufacturer bother making and distributing it?

    3. Re:It's a good thing... by DNS-and-BIND · · Score: 0

      If there wasn't money to be made, nobody would have bothered to develop these drugs in the first place.

      What, altruism? We all know humans are selfish pricks who would sooner laugh at cancer patients than help. Heck, there is a big push going on right now for euthanasia for cancer patients instead of going to all the trouble of trying to cure them. The people who allocate society's resources consider it a waste as some people get a lot of help and others get little.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    4. Re:It's a good thing... by sFurbo · · Score: 5, Insightful

      do you really think they are working on a cure when they can rake in thousands of dollars a month from each and every cancer patient??? Yeah right... think again...

      I would expect all of the other drug companies to also want a piece of that pie. That means they have to come up with something that works better.

      If they understand the cancer well enough to halt it in it's tracks for 90 to 95% of the patients that are treatable by this drug, and another 90 to 95 of those that take it are alive and in full remission 5+ years later, they certainly know enough to track down a cure if they were so inclined to do so.

      Greedy bastards...

      You are vastly, massively underestimating the complexity of cancer and of the human biology.

    5. Re:It's a good thing... by Anonymous Coward · · Score: 0

      Bacause making and distributing things is the traditional way to make money? Yeah, competition might mean you won't drown in money, but on the other hand it might mean more people can afford the drugs.

    6. Re:It's a good thing... by Zemran · · Score: 3, Insightful

      Errr, for profit is the normal reason. Why do you believe that it must be impossible to make a profit if other people can make a profit? You just have to do a good job if you want to do well. The idea of intellectual property is that you no longer have to bother doing a good job, you just have to own the right to something imaginary and you can make people pay for it. It is the most stupid and destructive idea ever. It will ruin people's lives for a long time and people will have to fight to get free of this idea. What is left of the US economy seems to be being based on this dream but it will get rejected just like it did in the middle ages. For hundreds of years, our economy and the economies of most of the world flourished without this BS, yet fools still think that it would be impossible to live without it.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    7. Re:It's a good thing... by Anonymous Coward · · Score: 0

      Now, if only we could open source the production! Would be a great project to combine multiple disciplines for the greater good...

    8. Re:It's a good thing... by slackware+3.6 · · Score: 1

      What about the millions poured into cancer research by the gov through tax dollars and the millions in donations from cancer charities?

    9. Re:It's a good thing... by Fjandr · · Score: 1

      A single injection of Neulasta is $6,000, and you get two a month for many standard chemotherapy treatments.

    10. Re:It's a good thing... by ProgramErgoSum · · Score: 1

      Open source the chemical and initiate "3D printing of the molecule" !

    11. Re:It's a good thing... by Okian+Warrior · · Score: 3, Interesting

      You appear to know about biology and related public policy, so let me ask a few questions:

      1) Suppose I don't have insurance and get cancer. Why can't I simply opt out of the FAA regulation system? Why can't I get a less tested and less expensive medicine (with informed consent) the same way I would get a less expensive car? Is "death of the patient" really the best outcome?

      2) The Hippocratic oath has a statement, words to the effect "first do no harm". Sometimes this is interpreted as "do more good than harm" (example: medicines which cause side effects) and sometimes as "do no harm whatsoever" (patient dies because treatment is not yet vetted, safe treatment but off-label application, &c). Shouldn't these two points of view be reconciled?

      3) A car mechanic will give me a diagnosis of what's wrong with my car, and an accurate estimate of what it will take to fix it. He's then bound to that estimate by strong state laws which protect the consumer. If a doctor doesn't get the diagnosis right the first time, I have to pay for a 2nd diagnosis and cure and then possibly a third one until he gets it right. For surgery, you never know ahead of time how much it will cost, or even how many separate bills you will get. Should states have consumer protections laws for medicine, in the manner of automobile repair protections?

      4) If not, why?

      5) Doctors make educated guesses based on statistical inference. (Example: A Recent Maryland death from rabies. The correct diagnosis was only determined after the patiend had died) An inexpensive broad-spectrum testing grid that identified [for example] 2,000 infectious agents would seem to be the answer, yet FDA testing requirements would make such a product prohibitively expensive. Why shouldn't we have a less-well-tested version which is cheap, and can be used for initial screening?

      6) Magnifying glasses are available at the convenience mart. Why can't they sell inexpensive (but with limited functionality) hearing aids? Why are medical devices which do not directly affect the health of the patient (such as hearing aids) so expensive, and why do they require expensive fitting by professionals? Why can't artists build and sell prosthetic hand attachments?

    12. Re:It's a good thing... by black6host · · Score: 5, Insightful

      Oh and the numbers I gave are based on the U.S. Dollar, inside the United States.

      I've been in remission for over 3 years thanks to Gleevec, but it still sucks that they (Novartis) push for profiteering over saving lives.

      I'm happy to hear you're in remission, even though I don't know you personally.

      You know, we have no problems taking peoples property under eminent domain for the "good of the people". There was a business owner where I used to live who was forced to sell his property to the local gov't because they needed to turn it into a parking lot to support the major retail center across the street. The reason put forth: the additional tax revenue would benefit the public. Of course the builder of this retail/hotel/restaurant center stood to profit the most and I am confident was the one who persuaded the city to take the property with the thought of increased revenue. Bastard.

      I'd like to see eminent domain apply to drugs that would help save, or greatly prolong the lives of many people. That makes sense to me. But it's not the big companies who get screwed.....

    13. Re:It's a good thing... by Anonymous Coward · · Score: 0

      I would expect all of the other drug companies to also want a piece of that pie. That means they have to come up with something that works better.

      What do you care? If you're a patent cheerleader, then you don't care about the free market; you just care about government-enforced monopolies over ideas. Anyone with a brain or a single care for freedom opposes patents already even if it were true that it would mean a fewer amount of drugs would get developed.

    14. Re:It's a good thing... by fredprado · · Score: 3, Insightful

      Drug research should be a public endeavor. Drug production can be a private endeavor, without silly protections, as patents.

    15. Re:It's a good thing... by bfandreas · · Score: 3, Insightful

      Basic research is a public endeavor. A lot of the basics get done by universities. Sometimes in cooperation with the pharma industry sometimes on government grants sometimes on venture capital sometimes all of those .
      The pharma industry does also research on its own but that is about turning the basic concepts discovered in proper research into products. The industry has been calling foul over patent limitations for ages. But they do not have a leg to stand on.

      A lot of the so called innovation is turning something from subcutaneous shots into pills. I'm sorry, but that is nothing that takes BEEEELLLIONS to research. It's worthwhile. But it's not the tedious research bit where you painstakingly find out how an illness works and how to counter it. The basic groundwork that sometimes takes decades has already been done.

      Pharma innovation is mostly about rounded corners. Whenever you hear the word "innovation" issues by an industry spokes critter ALWAYS think "rounded corners". Those are the guys who put receptionists into lab coats in their commercials.

      --
      20 minutes into the future
    16. Re:It's a good thing... by p00kiethebear · · Score: 2

      There is no shortage of cancer patients. Pharmaceutical companies don't make their money on drugs that don't work. They make their money by making effective drugs that cure people. Do you seriously think there is some big conspiracy to keep cancer patients sick? Are you a fucking moron?

      Drug companies have no shortage of sick people. People take up smoking every day. They also have to pay millions in legal fees not to mention insurance and paying for the research they have to do. The more risky the drug, the more expensive it's going to be. Every single dose of some designer drug they administer is a liability. It's not about keeping people sick, it's about off-setting the cost of accidentally killing someone.

      Of course it's a business like anything else. It always has been. The medicine woman selling roots makes her money on people believing that her cures work. Don't be so quick to write off pharmaceutical companies as the devil. They may be the ones that invent the drug that saves your life someday.

      I am a Non hodgkins lymphoma survivor, 11 years in remission.

      --
      The Blade Itself
    17. Re:It's a good thing... by hsmith · · Score: 1

      Without those greedy bastards, you'd be dead already.

    18. Re:It's a good thing... by Phrogman · · Score: 3, Interesting

      Those millions often end up in the hands of the companies doing the research - or in the hands of the universities doing the research which is then given to those companies. Either way its just another way of providing more money to powerful corporations - our money.
      More power to India if it can break the medical patent system and provide much needed drugs or treatments to those in need, and not just those who are rich and in need. We have been fed the line that the exclusive patents are needed or no research would be done on any new drugs.
      Do you honestly think that is true? That researchers won't do any research suddenly? that all that money collected to help pay for research won't actually be collected any more?
      All that will happen is that Big Pharma will make less billions than it does now, and more people will live longer and happier than they do now.

      --
      "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    19. Re:It's a good thing... by sFurbo · · Score: 3, Informative

      I don't live in the US and am not a doctor, so my knowledge is limited, but I will try to answer the best I can.

      1. Because we have decided that the risk of people being swindled by quacks become too large if we allow that. What you can do is enlist in a test of a new drug, which should give you access to less tested drugs.
      2. There really aren't two different points of view. In all applications of medicine, the chance of benefit must be weighed against the risk of harm. For tested medicine, we have a good estimate of them both, and a judgment can be made. For untested medicine, the prior plausibility of the harm/benefit ratio is deemed too unfavorable.
      3-4. I don't know, as I don't know the American system. But remember that fixed prices moves the risk to the hospital or doctor, and they have to be compensated for taking that risk, so it will mean more expensive treatment.
      5. The depends on the rate of false negatives and false positives. Any screening causes someone to experience side effects from unnecessary side effects, and some people to not get the treatment they need.
      6. I imagine hearing aids are expensive because they are fiendishly advanced. Out ears are able to pick out sounds with abysmal S/N (next time you are in a crowded, noisy room, try to see how many different conversations you can listen to simply by choosing one over the other), and the hearing aids have to work with that system. Also, sweat and ear wax are not the least corrosive environment, and any leaching might be problematic. For prosthetics, I imagine it could be done, though the list of materials and the way the prosthetic sticks to the body might be a problem.

    20. Re:It's a good thing... by tehcyder · · Score: 2

      The idea of intellectual property is that you no longer have to bother doing a good job, you just have to own the right to something imaginary and you can make people pay for it.

      The drugs are not "imaginary". And anyway, under capitalism, how can you stop the drug companies making profits off them?

      I personally don't see why anyone should be allowed to make any profit at all from things like life-saving drugs. Their research and development should be publicly funded and the results freely available.

      But that would be socialism, so I don't suppose many of the US readers here would be too keen on the idea. Obviously the free market will work out best, just as long as we get rid of pesky patents, "safety" testing and so on.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    21. Re:It's a good thing... by Anonymous Coward · · Score: 1

      Eminent domain would be great...until that causes drug research ceases to be profitable and removes investor funded research. Suppose you applied eminent domain to a drug. By cutting profits on successful drugs, Novartis et al would lack the means to recoup the costs from failed drugs. We have a trade off - expensive drugs allow for more rapid research in new drugs, with drug prices falling as patents expire. Is it worth paying 5x the cost in early years to have a drug enter the market 10-20% earlier (numbers made up)? Debating that sort of question and analyzing the factor vs. time shortened would be quite healthy things to add to the healthcare debate.

    22. Re:It's a good thing... by Anonymous Coward · · Score: 0

      Cutting out profits is a great way to lower costs in the short term, but the lure of profits is what leads to innovations that drive down costs in the long run. Capitalism rewards successful approaches - some new pharma business with a better development process will gain large investments, where a government funding model is unlikely to be as responsive in recognizing the advantages.

    23. Re:It's a good thing... by Anonymous Coward · · Score: 0

      ... in the short run. There are huge sunk costs in researchers and facilities, so, yes, research would not stop overnight, but if you suddenly reduce profits on successful drugs, the funding available for the next generation of drugs and investor financing for the next generation of drug companies will dry up. Now a mandatory licensing agreement for patented drugs might make sense - by paying x% of the development costs to the patent holder, any company may receive the right to manufacture a given drug. There might be significant merit in separating drug innovation from drug manufacturing innovation.

    24. Re:It's a good thing... by Anonymous Coward · · Score: 0

      Yup.... another idiot throwing up the straw man that there "Has" to be a profit motive. Your such an insignificant little tool.

    25. Re:It's a good thing... by Anonymous Coward · · Score: 0

      Answer to 6) is that they do, albeit on infomercials rather than at drug stores most of the time. With regard to hearing aids you are comparing the wrong things - the analog of a magnifying glass is an amplifier, while that of a hearing aid is prescription lenses. An amplifier used as a hearing aid would be inexpensive, but it is also likely to cause further deterioration in your hearing while a magnifying glass is unlikely to further damage your vision. A better analogy would be the stock reading glasses found in drug stores - they are likely to strain your eyes more than prescription lenses, but for limited use/issues are effective at enhancing vision. The same is true of the cheap infomercial hearing aids that amplify all sounds or leave it to the user to adjust settings - for limited hearing loss or limited usage scenarios, they might be fine, but for significant issues, you need professional consultation from a doctor.

    26. Re:It's a good thing... by Anonymous Coward · · Score: 2, Interesting

      A lot of the so called innovation is turning something from subcutaneous shots into pills. I'm sorry, but that is nothing that takes BEEEELLLIONS to research. It's worthwhile. But it's not the tedious research bit where you painstakingly find out how an illness works and how to counter it.

      A lot of the "research" leading to these evergreen patents is even more trivial than that. See this article. Adding caffeine to the pill is a good one. Changing the binding agent in the pill so it dissolves with a different time course. Many of these don't involve the extensive FDA testing required for new drugs, or can capitalize on existing off-label studies.

      Evergreening inhibits innovation. eg, if doc's discover that Drug A causes a lot of stomach pain and routinely add/promote calcium carbonate (Tums) along-side Drug A. As the patent on Drug A comes up, the drug company just adds some CaCO3 to the formulation and Bam! new patent. The only reason to introduce this "innovation" before the patent expires is the convenience of the consumer, but delaying the "innovation" until expiration allows the company to maintain a monopoly on a nominally superior product.

      Kudos to the Indian courts for standing up to this crap

    27. Re:It's a good thing... by hedwards · · Score: 1

      Well, you would separate the R&D from the manufacturing and have the government just pick up the tab on the R&D work, with anybody with a licensed line being permitted to create the medication in whatever quantities they like for a profit.

      The R&D companies could turn a profit doing the research and the manufacturers would be the ones that were actually trying to profit on producing the medication. As opposed to the current system where a company has to hope to be able to turn the R&D into profit at some point. Basically, the government would be paying for the service of researching and developing the medications.

    28. Re:It's a good thing... by hedwards · · Score: 1

      Sure it is, pills are substantially easier to administer than shots are. You may still require somebody to monitor the patients for side effects, but the level of training for that is lower, or can be lower if you can't get skilled nurses.

    29. Re:It's a good thing... by Anonymous Coward · · Score: 1

      If we try this, and we should mostly because our tax money pays for a LOT of research that these companies benefit from, all of the sudden the corporate spinmeisters would be running around in a tizzy trying to convince people that this kind of "intellectual property" isn't property at all but something else.

      Of course, it would still be "property" if, say, somebody stole some secret of theirs, but being two faced is a requirement for upper corporate management these days.

      If we really want to fix this, pay a bounty instead. A very large cash tax free prize to whoever can demonstrably cure $disease within certain established parameters. One catch: you don't get to keep the patent.

    30. Re:It's a good thing... by hedwards · · Score: 1

      Pharmaceutical companies' bread and butter is for things like impotence medications and psychiatric medications where the patient is expected to be on them for long periods of time.

      But, ultimately, if they got caught keeping people sick unnecessarily, it would be the end of the industry. And for some types of medication there's no profit in it. Antibiotics and antiretrovirals are incredibly unprofitable as the more of them you sell, the less effective they become and you don't get an R&D discount because of that.

    31. Re:It's a good thing... by udippel · · Score: 1

      If there wasn't money to be made, nobody would have bothered to develop these drugs in the first place.

      What, altruism? We all know humans are selfish pricks who would sooner laugh at cancer patients than help. Heck, there is a big push going on right now for euthanasia for cancer patients instead of going to all the trouble of trying to cure them.

      I very much hope and think you targeted for 'funny' or 'flamebait' with your text!?
      Yes, we humans are a bunch of selfish pricks. But do we actually laugh at cancer patients? I don't think so.
      And euthanasia is not, usually, considered as alternative to treatment, but rather as a supplement when it doesn't get the patient where (s)he wants to go: into remission.
      To me both are just human: a treatment at the best of medical possibilities; not the maximum profits of patent holders; and the freedom to call it quits as a pure individual decision; not dictated by societal determinants like religion and a criminal law disallowing helping the individual to fulfill her desires with regard to her life.

    32. Re:It's a good thing... by Rich0 · · Score: 4, Interesting

      Do you honestly think that is true? That researchers won't do any research suddenly? that all that money collected to help pay for research won't actually be collected any more?

      Certainly the researchers paid by Pharma companies (to the tune of tens of billions a year in the US) won't be doing research any longer. Those who work for the NIH would be completely unaffected by a change to the patent system.

      There is a lot of ignorance about how the costs break down for drug development. Here is how it works:

      1. Government and academic R&D spends a few million to come up with a cure for cancer in mice. Discovery makes front page of NYT.

      2. Pharma company pays government or academic lab $100k to license the molecule. Activists point out that this amounts to corporate welfare.

      3. Pharma company goes on to spend $10M to show that the molecule will never work in people. Drug dies with no publicity.

      That's basically the drug development model - the drugs that actually get marketed are an aberration. Most companies do heavy investment in testing dozens of drug candidates per year (the ones that make it fairly far), and they only release maybe a few per decade. Far more drugs get rejected early in testing before anybody even hears about them.

      However, once in a while you get to step 4:

      4. Pharma company spends about $100M on the molecule and it works out. Activists point out that the company is making billions per year on a drug that only cost $100M.

      You can only spend $100M to get a successful drug if you know in advance which drug will be successful. That only applies if you're copying the work done by some other company (though you don't need all that testing in the first place on a true copy). The reality is that it costs billions to come up with a new drug, because you have to test a lot of stuff that doesn't work.

      Drug discovery is a bit like ice hockey, but make the goals about half their current size. Lots of passing and skating, little scoring.

    33. Re:It's a good thing... by timholman · · Score: 1

      The idea of intellectual property is that you no longer have to bother doing a good job, you just have to own the right to something imaginary and you can make people pay for it.

      All property is imaginary, whether it is physical or not. In a society without laws, there is no "property"; there is only what you can take or keep by physical force.

      Then civilization developed along with the (imaginary) idea of property, i.e, that you had the right to possess something exclusive of your physical ability to control it, and that society has an obligation to enforce that imaginary right. Somehow you have no problem with that imaginary right, because you see it tied to a physical object, yet reject it when someone devotes his creative efforts to developing something non-physical (i.e. intellectual property) that benefits all of us. I have never understood that line of reasoning among Slashdotters.

      For hundreds of years, our economy and the economies of most of the world flourished without this BS, yet fools still think that it would be impossible to live without it.

      You mean those "hundreds of years" when 99% of humanity lived as peasants, serfs, and slaves, scraping out a subsistence living using primitive technology? You have a strange definite of "flourished".

      The rise of the modern middle class is tied directly to the industrial revolution, which is tied directly to the rise of the concept of intellectual property. I want to see patent and copyright reform as much as anyone, and a return to the much saner limits of 50 to 100 years ago. But I also recognize that much of modern society is built on the pillars of intellectual property, and its historic benefits have far outweighed its more recent abuses.

      Let's clean the dirty baby, not throw him out with the bathwater.

    34. Re:It's a good thing... by blackraven14250 · · Score: 1

      For point #5, I'd imagine the reason is because of false negatives. False positives are less of an issue for a screening step, since they'd be verified anyway at a later stage, but a false negative would basically ensure the patient didn't get the proper treatment as quickly as they should.

    35. Re:It's a good thing... by Maxo-Texas · · Score: 1

      If the current IP laws had existed at the beginning, we would only have a few stories, and an even smaller group of people would own everything.

      The current laws are broken-- were intentionally broken by people who got the first big pile of money.

      It's reasonable that people should be able to get a decent living and a reasonable return on their investments for a limited amount of time for each creation.

      If IP is real in the sense that property is real, then we need to start applying property tax to it.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    36. Re:It's a good thing... by Anonymous Coward · · Score: 0

      Let's not forget that no pharma company will touch natural compounds due to the fact that they cannot patent them...

      How many cures were left sitting on the tables due to this???

    37. Re:It's a good thing... by Anonymous Coward · · Score: 0

      So, we apply eminent domain to drugs. Do you really think that those who create those drugs will not change their behavior? Where does it stop?

      If the government has the ability to take whatever it wants under the guise of "good of the people," where does it stop? When does "good of the people" become "because I want it" at the point of the government's gun?

      In your example, I think you are applying the word "bastard" to the wrong person. The "builder of this retail/hotel/restaurant center" is not the bastard, or at least is not the only one. The real bastard(s) is the government officials who used their positional power given to them by the citizens to take private property away from an individual who did (assuming) nothing wrong.

    38. Re:It's a good thing... by timholman · · Score: 1

      If the current IP laws had existed at the beginning, we would only have a few stories, and an even smaller group of people would own everything.

      The current laws are broken-- were intentionally broken by people who got the first big pile of money.

      It's reasonable that people should be able to get a decent living and a reasonable return on their investments for a limited amount of time for each creation.

      I agree with you completely.

      If IP is real in the sense that property is real, then we need to start applying property tax to it.

      There is no need, assuming that IP laws are correctly applied. The "tax" that the creator pays is that his IP goes to the public domain once his copyright or patent expires. In return for society enforcing his limited-time monopoly, all of us will eventually share it.

      Now in situations where property is owned in perpetuity, then a tax is appropriate, because that is the fee that must be paid to society in order to enforce one's right to retain that property. So I pay property tax on my home, but I must eventually turn over my tax-free patent for the public good.

      The problem, of course, is that corporations like Disney want to have their cake and eat it, too. They want perpetual copyright without paying for it. That is what needs to be changed, not the concept of intellectual property itself.

    39. Re:It's a good thing... by stdarg · · Score: 1

      You're telling a story of a business owner who gets screwed by eminent domain. You didn't mention what type of business it is, so it's probably something mundane.

      Then you say you want to apply the same screwing-you-over eminent domain to drug companies whose employees work day in and day out to save lives and produce the next generation of medicine. You want to screw those people over because they also make money, same as the mundane business owner you have sympathy for.

      You have some fucked up priorities!

    40. Re:It's a good thing... by Anonymous Coward · · Score: 0

      What's to stop generic manufacturers from making a load of the original drug A, once its patent expires? If you were a doctor, would you prescribe drug-A for $10 and tell them to eat some chalk like you were used to doing, or prescribe super-new-patented-drug-A for $100? Sure, they maintain a monopoly on a nominally superior product, but lose it on the already perfectly effective one everyone else is currently using.

      Seems pretty similar to copyright here... once something is out of copyright, you can take something and make a derivative work of it. Your derivative work is copyrighted to you, but that doesn't stop someone still doing whatever they want with the original.

    41. Re:It's a good thing... by fredprado · · Score: 2

      By holding the patent they prevent others to find such an improvement and provide it for reasonable prices for 20 years, many times keeping the lives of millions of sick people miserable, people who could be benefited by the improvement they locked.

    42. Re:It's a good thing... by Rich0 · · Score: 1

      Absolutely.

      My personal solution is this:

      1. Don't touch the current drug industry. Just let it run the way it runs under the current patent structure. This means that until something better is in place we'll still have drug R&D.

      2. Create a division of the NIH or whatever to fund drug discovery (it could be in cooperation with other first world nations). It would do complete end-to-end R&D from idea to pill, including clinical trials/etc. Its main priority will be return in terms of health outcomes for the population. Any drugs it gets approved would be licensed for free to any US manufacturer that does the work domestically, for 3rd world manufacturers to make for use in the 3rd world only, and for manufacturers in other first-world countries that make similar per-capita investments and reciprocate. This means that pills would be cheap - no patent protection at least within the US. It also means no race to the bottom - first world countries would be expected to reciprocate or pay the US for the work it did.

      This would essentially create two parallel competitive drug industries. One would create expensive patented drugs that are self-funding. The other would create free drugs and recoup the expense from taxes. We could collect data on how much gets spent by insurers and taxpayers on both, and use that to decide how much to fund the government R&D. If the government model turns out to be more effective the private industry will go out of business, as it could not compete against cheap drugs that are tax subsidized. If the government model fails, then we will just be where we are today.

      A government operation would have no concerns with patentability - they'd just pursue any options that are likely to benefit patients, like natural products.

      I think that an approach like this lets you make the transition gradually, pilot it at a small scale, and you don't kill the established industry overnight. If the government model is competitive they could slowly draw off the scientists/etc working for private companies, and we don't have a dramatic loss of knowledge. If the libertarians are right and the government just wastes money, then we can kill it and we're no worse off than we are today.

      Most likely the competition will foster innovation in both models.

    43. Re:It's a good thing... by RedShoeRider · · Score: 1

      " If they understand the cancer well enough to halt it in it's tracks for 90 to 95% of the patients that are treatable by this drug, and another 90 to 95 of those that take it are alive and in full remission 5+ years later, they certainly know enough to track down a cure if they were so inclined to do so."

      Sure! Just like we spent all of those years dicking around in LEO with the Shuttle Program, even though NASA certainly knew enough to have a colony of people living on Mars. Greedy bastards.

      Oh, wait. You have to learn to crawl before you learn to walk.

      --

      Chris Knight is my hero.

    44. Re:It's a good thing... by WGFCrafty · · Score: 1

      That's communism!

      Besides, Iran's democratically elected government was overthrown by the US for nationalizing the British's oil company (the lead CIA operative was Kermit Roosevelt, grandson of you guessed it, trust bustin' Ted!). Now the British treated the workers like garbage, they used accounting tricks to screw them out of their already small share and it was for the good of the people. (Ironically the US was going 50-50 with the Saudis simultaneously)

      In conclusion, it won't happen.

      1. It looks like communism
      2. It would have such a chilling effect on the profitability of drug discovery we would lose as a species. Despite the evil pharmaceutical company rants they still invest in the mid to high 11 figures. Shutting down the incentive to research drugs would do a disservice to mankind. That is no overstatement.

    45. Re:It's a good thing... by Anonymous Coward · · Score: 0

      Heck, there is a big push going on right now for euthanasia for cancer patients instead of going to all the trouble of trying to cure them.

      This is a lie. You are a liar.

    46. Re:It's a good thing... by Anonymous Coward · · Score: 0

      The maximum academic estimate of the average cost of drug development from Wikipedia, including false tries and costs of binding up money over time and so on and so forth, multiplied by the number of drugs approved per year in the US, ends up at about $6B/year less than the medicare/medicaid drug reimbursement.

      The range of estimates varies by a factor of about 20 (from $100M to $2B) depending on which academic research you look at. Again: The $6B overshoot is by using the *highest* estimate. I would guess that the correct estimate would be somewhere in the middle of the pack, at which point the overshoot goes *way* up.

    47. Re:It's a good thing... by chihowa · · Score: 1

      A beautiful idea for an ideal world. What would actually happen is that any drug that the government-run program found that looked promising would be passed (though some wandwavingly bullshit justification) to the private companies to be sold to the public. Any drugs that didn't pan out would be retained by the government program. We'd just end up with a further refinement of the current system where now all of the expensive R&D work is payed for by the tax payers and all of the benefit goes to the rent-seeking drug companies.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    48. Re:It's a good thing... by nmb3000 · · Score: 3, Informative

      3. Pharma company goes on to spend $10M to show that the molecule will never work in people.

      4. Pharma company spends about $100M on the molecule and it works out.

      But in your hypothetical scenario you forgot the $2 billion they spent on advertising and marketing.

      I'm not faulting you, but every time criticism of pharmaceuticals comes up everybody raves about high research costs while ignoring that these are not the main expenditure. Apologists also tend to forget about sheer mountain of money "Big Pharma" rakes in each year. There's a line somewhere between "making a profit" and "being a malevolent drain on society", and I think they've crossed well over it.

      And this doesn't mention all the potential "negative future revenue" drugs that might have been squashed or hidden away, but that's another topic.

      --
      "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
      /)
    49. Re:It's a good thing... by Anonymous Coward · · Score: 0

      1. We've also decided that it's ethical to have patients pay through the nose to be part of drug trials.
      2. Not much to comment on that one except to say that the principles of medical ethics seem to lead from good intentions to some really strange places sometimes.
      3-4. More expensive treatment seems to consistently be the case anyway. The reality is that medical billing is a byzantine mess. The same item can cost one patient $1 and another patient $1,000. Revealing to a patient what something will cost beforehand is seen as an extraordinary favor.
      5. Most doctors seem to be really terrible at diagnosing most illnesses or even at recognizing that an illness exists. That's forgivable, they're only human. Perpetuating a system where illnesses are frequently only recognized by doctors after patients insist isn't really forgivable. Objective, broad testing really should be done and work should be done to make it cheap and reliable. Positives should be followed up with more exensive testing, and negatives should be treated as preliminary results to be reconsidered if contrary symptoms present. What shouldn't be done is for the system to act like doctors who can barely manage to spend five minutes in an exam room with you are a reliable way to diagnose patients. It's been shown over and over again that automated systems are better. Make such things routine and make them cheap.
      6. Hearing aids are expensive because of what the market will bear. They are not any more fiendishly advanced than the electronics in many cheap consumer goods.

    50. Re:It's a good thing... by infinitelink · · Score: 2

      Problem with the scenario: the patents themselves are meant to benefit society through "advancement of the useful arts and sciences" (--quoted from memory so check), and they aren't property (though the legal priesthood likes to assert more and more that ideas can be rented) but limited monopolies on production authorized by the Constitution and subject to the dictates of Congress: I doubt therefore that they would count as property, they're tyrannies: I would say that Congress could probably just amend legislation and revoke the patents, given the language of the Constitution, but maybe not so easily or so simply due to that same language. --B

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    51. Re:It's a good thing... by twistofsin · · Score: 1

      6) Magnifying glasses are available at the convenience mart. Why can't they sell inexpensive (but with limited functionality) hearing aids? Why are medical devices which do not directly affect the health of the patient (such as hearing aids) so expensive, and why do they require expensive fitting by professionals? Why can't artists build and sell prosthetic hand attachments?

      These do exist. Go to your local sporting goods store and buy a "hunter's ear" for $20-200. The reason they aren't sold for medical purposes is because of the costs for certification of their medical claims. That shit costs a whole lot more than the hardware does.

    52. Re:It's a good thing... by oiron · · Score: 1

      Agreed, but is it worth a patent? The Supreme Court says no...

      A marginal improvement may have an explosive effect, but if it's only a marginal improvement that does not advance the state of the art, there's nothing patentable in it.

    53. Re:It's a good thing... by oiron · · Score: 1

      3 and 4) Because the human body is incredibly more complex than a car; you don't have tens of systems interacting, you have tens of millions of them. A car is barely as complex as the average cell!

      5) That assumes that one is even possible. Or that the false positives/negatives from such a system wouldn't cause loads of cases of misdiagnosis and mistreatment.

      6) You can get in-ear phones practically anywhere. That's closer to a magnifying glass. You still need to go to a trained ophthalmologist to get a prescription for proper lenses.

      You're railing against the wrong thing here; FDA (or similar agencies for those of us in rural areas outside the US) rules are not meant to make things more expensive; they're meant to make things actually usable in the field. In all your cases, omitting the FDA requirements would not merely make things cheaper, but positively more dangerous, more open to quackery and more difficult for doctors and patients to judge.

      In this case specifically, the problem was not that the company (Novartis) is finding it difficult to get approval for something because it's expensive; the problem is that they're trying to push up the cost on an 'innovation' that doesn't really require testing (or at most, minimal testing), since it's a modification of something that already exists. The cost difference between them and their competitors shows that. Remember, generics or not, their specific product would still have to be tested. If the competition can offer a drug at a hundredth of the cost, it's most probably a case of greed, not of genuine costs.

    54. Re:It's a good thing... by DNS-and-BIND · · Score: 1

      I wish I was lying. Sadly, it is all too true. And we're not even talking about consensual euthanasia, either.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    55. Re:It's a good thing... by Rich0 · · Score: 1

      Personally I'm all for just having the government do the whole thing, but I think we need to establish that before we just go and kill the drug industry.

    56. Re:It's a good thing... by Rich0 · · Score: 1

      Unfortunately I can't argue too much with this. However, I'm not sure what the alternative is. If you simply kill the drug industry that won't be any better either. A few drugs will become cheap now instead of 10 years from now, and then all the drugs will be cheap but there won't be any new drugs.

    57. Re:It's a good thing... by Rich0 · · Score: 1

      But in your hypothetical scenario you forgot the $2 billion they spent on advertising and marketing.

      That's in addition to the R&D costs. It only gets spent on the drugs that pan out, obviously. The relative amount spent on marketing is actually lower than in many industries (Pharma has one of the highest relative R&D spends of any industry).

      Hey, I'm all for getting rid of that, but it doesn't really change the issues with the patent model.

      A decade ago I would have agreed that drug companies make too much money, but if you look at the last few years the whole industry is struggling. Much of that is because those who pay for drugs are setting higher standards, which means more drugs are just killed during development (no sense getting permission to sell a drug that nobody will buy). So, to some extent the market is taking care of the problem. Pills aren't any cheaper - there are just fewer of them out there.

      And this doesn't mention all the potential "negative future revenue" drugs that might have been squashed or hidden away, but that's another topic.

      People always talk about that, but that makes it sound like the cure of cancer is just sitting in some lab notebook and nobody wants to bother with it. Cures sell just fine - as long as they can be patented and whatever they cure is a common malady. Sure, they don't sell as much as a treatment, but no company has a treatment for every disease, and no company has a perpetual lock on the market. Sure, maybe company A might delay the cure if they make a lot of money on the treatment. However, when the patent expires on the treatment, why would company A not market the cure if they had no better treatment to follow-up with? And, what would stop company B from coming out with the cure - they're not making any money off the treatment?

      What the private model doesn't work well for are diseases that aren't common (there is no money in it), or which aren't patentable.

      In any case, I'm all for public end-to-end drug R&D that goes all the way to marketed products. I'd love to see that become predominant and for most of the private industry to go away. However, you can do that without touching drug patents. Let the private companies work on the Viagras that no government lab will want to touch, and taxpayers who don't want Viagra can just not buy it. While government R&D is figuring things out the private industry can continue to come out with patented drugs, and once the government gets up to speed they'll obviously have a cost advantage and consumers will tend to prefer their treatments unless a private one really provides a clear value.

    58. Re:It's a good thing... by Anonymous Coward · · Score: 0

      Your sole source is a tabloid, and even if taken at face value does not represent a "big push". You have proven yourself a liar, and will continue to do so.

  5. Re:Innovation by fustakrakich · · Score: 5, Insightful

    The only good patent is an expired patent.

    --
    “He’s not deformed, he’s just drunk!”
  6. The morality of the pharmaceutical companies by fufufang · · Score: 1, Insightful

    Without the big investment by the pharmaceutical companies, new drugs would not have existed in the first place. It is a high-risk and high-reward business. However extorting dying patients is a bit morally questionable. But hey, we live in a society where everything can be measured by money.

    Having said that, I think if the modification is small, and the investment into this new modification is small, then patent shouldn't be granted. I hope India doesn't end up with U.S's patenting culture, where the rounded corner on a phone can be patented.

    1. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 5, Insightful

      This bullshit has gone on for long enough. Most of the actual research whose fruits end up as drugs are often made by researchers with federal funding. The actual amount of money put into research is much lower than what Pharma wants us to believe, and often R&D involves a significant amount of activities unconnected with Research. Hence, you will be unable to find actual cost of research for any pharma company - inspite of all the financial documents available for the public firms.

      High risk and high reward is a again a bit of an overkill considering that most of the research dollars are spent on coming up with new compounds/drugs which are barely more effective than the medicines they replace. These new drugs are significantly more expensive than the drugs they replace and accompanied by huge marketing campaigns that increase pressure on the doctors by the patients clamoring for the new drug.

        In addition they keep coming up with small changes to existing compounds and re-patent it .. thus circumventing the very process which they seem to talk so much about. Even when 'evergreening' does not work, they try to involve the generic manufacturer into drawn out legal process. Again - all this inspite of the 1984 Hatch-Waxman act which pushes the patent during out to make up for time spent in research before the actual drug is released.

      Considering the Pharma industry has spent over $2.1B in lobbying alone (for stuff like faster approvals, no volume pricing negotiations for Medicare etc.) .. I think it is one of the most corrupt industries in USA>

    2. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      A counterpoint to the entire idea of charging huge amounts for developing these drugs is that the poor of india couldn't afford to pay the costs in any case, so the original company wouldn't have made much profit by charging as much in this market as they would have demanded, while thousands(?) of people would have died from a preventable disease. I think it's totally immoral to charge anyone 'poor' (where you define that line isn't something I'll debate about right now) any more than the cost of production, while the cost of R&D can be charged to those who can actually afford it.

    3. Re:The morality of the pharmaceutical companies by bfandreas · · Score: 5, Interesting

      Problem is this practice is a bit more widespread than just one drug. It's called "evergreening". You take a drug, you make a minute change to it, you tell everybody its fresh&new&patent plx!
      India said no to that. They said that Novartis had its run of the full duration of patent protection and that it wouldn't be fooled.
      Also Novartis does bill patients thousands of dollars per month for this particular drug. Which is extortionist. A little bit competition is more than just a little bit needed.

      The big news is India said no while Europe and the US said yes.

      --
      20 minutes into the future
    4. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      What a lying SOB! Round corner were not patented. But hey, whatever belief lets you sleep at night.

    5. Re:The morality of the pharmaceutical companies by siddesu · · Score: 2

      The real question is can you run the whole system well enough with government money. While it is true that a lot of the basic research is done with government money, it seems that most of the work that turns the scientific discovery into a working medicine is done by the pharmaceutical industry, and a lot of the costs on the way are there because of the complex regulatory framework -- necessary because of the need for safe medication. It is unclear if enough effort will go into pharmaceuticals unless there is the carrot of the huge profits that is dangling somewhere at the end of this complex process.

      It is tempting to say that patents are always bad for the economy and that the pharmaceutical ones are also immoral, but I recall a study on the subject of patent effects that found that pharmaceutical patents were about the only kind that is economically justified.

      It isn't all black and white, unfortunately, nor easy to fix.

    6. Re:The morality of the pharmaceutical companies by fustakrakich · · Score: 3, Insightful

      Without the big investment by the pharmaceutical companies, new drugs would not have existed in the first place.

      I don't believe that. More money goes into lobbying for preferential treatment and marketing than development, while many older, perfectly suitable remedies are taken off the market and prohibited altogether. And before anybody goes off about safety issues, they should read up on the deaths and other side effects caused by many of the new drugs. Modern pharma is a pretty corrupt operation. Regulatory capture is just as big here as in energy, communications, and transportation.

      --
      “He’s not deformed, he’s just drunk!”
    7. Re:The morality of the pharmaceutical companies by sjames · · Score: 1

      You seem to be stuck at denial. Perhaps some grief counseling?

    8. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      Well, you could pay for basic healthcare from tax money, that would create an incentive to develop cheap drugs. Then you could develop them with tax money. In the end people end up paying less than they do now because nobody reaps in big rewards. Basically reduce med companies to manufacturing companies.

    9. Re:The morality of the pharmaceutical companies by siddesu · · Score: 1

      Well, with so little detail your opinion is hand-waving, and not a solution. The issue at hand isn't the "incentive to develop cheap drugs", but the incentive to develop effective drugs that are cheap.

    10. Re:The morality of the pharmaceutical companies by ProgramErgoSum · · Score: 1

      The big news is India said no while Europe and the US said yes.

      Well said, Sir/Madam !

    11. Re:The morality of the pharmaceutical companies by jewens · · Score: 2

      More money goes into lobbying for preferential treatment and marketing than development, while many older, perfectly suitable remedies are taken off the market and prohibited altogether.

      If a pharma company publicly argues that an old version of its product is unsafe then aren't they opening themselves up to huge liability claims, and even criminal negligence charges if they sat on that information until after they patent version 1.0.1a?

      --
      That group of bovine standing over there appears quite portentous. That's right it's an ominous cow herd.
    12. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      The issue at hand isn't the "incentive to develop cheap drugs", but the incentive to develop effective drugs that are cheap.

      The issue at hand is "Finding the most cost-efficient way to fund research/development/testing of drugs"
      Production costs are usually cheap enough to be a non-issue. And where they are, patents are surely not helping because they prevent everyone else from developing cheaper ways to produce the same drug.
      And of course the drugs should work as intended and have as little side-effects as possible (I guess that's what you mean by effective)

      In the end, the problem always comes down to paying the researchers who develop the drugs and providing them with the necessary equipment for doing so. I don't see how patents are helping there when you (the public who has to pay for all of this one way or another) could do the funding directly?

    13. Re:The morality of the pharmaceutical companies by triffid_98 · · Score: 1

      I think if the modification is small, and the investment into this new modification is small, then patent shouldn't be granted. I hope India doesn't end up with U.S's patenting culture, where the rounded corner on a phone can be patented.

      I hope so too, but think about it from India's perspective. Their pharma industry stands to make (and has made) a lot of profit via ignoring patent law and producing generic drugs. The patent application was for a small modification yes, but (In this case) only because India didn't recognize those types of patents until recently.
      Since the original drug was produced in 1995 the patent should be good until 2015 under international law. Since the suit has been going on for 6 years, that means that India has jumped the gun by a total of 8 years.

      So what's really happening (at least to cynics like me) is that India is supporting their local pharma industry with legal justification in the same immoral way the United States and EU does. I would LOVE to see a similar ruling on our shores, since we've had patents forever, but I'm quite certain our government's bread is "buttered on the other side", if you catch my drift.

    14. Re:The morality of the pharmaceutical companies by umghhh · · Score: 1

      This seems to be confirmed by what one can see in Germany - the state part of health insurance system has lists of drugs that are refunded meaning that you pay yourself if you take 'new better one' that is not on the list. This may have its drawbacks but the institute that provides advice on which new drugs can be put on the list is contested by industry yet they do not argue with the results but go straight to Berlin to lobby for their products to be placed on the list. The institute often finds that new changes have no value (except for the patent extension and price hike but that is not their domain of course). This whole show and refusal to argue in scientific terms means to me that indeed they invested a lots of money to be able to re-patent their products and again reach high novelty price without real work being done. The industry is corrupt not only in USA. The problem seems to be in the way free market works here. This is no normal situation where customer has a choice of time of purchase and vendor. The customer is under pressure in such nasty way that it if one posses a monopoly on particular cure then one posses power over once life. Seems like a good situation to rip people off. The discussion about motivation for research is a good one but from what I see as soon as state sponsored basic research is not available the industry struggles. I guess it is normal - basic research is more expensive than specific one because it is not focused as it cannot be. I guess this should mean something for policy makers.

    15. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      The big surprise is that their greed kills more people every year than have ever been killed by terrorism, but no one has taken up arms to stop them.

    16. Re:The morality of the pharmaceutical companies by siddesu · · Score: 1

      • The issue at hand is "Finding the most cost-efficient way to fund research/development/testing of drugs"
      • I don't see how patents are helping there when you (the public who has to pay for all of this one way or another) could do the funding directly?

      The patents provide a mechanism that helps to efficiently allocate resources for research in response to the need for a treatment. On one hand, the economic rents from the patent monopoly give incentives to invest in research. On the other, the terms cap the revenues, creating incentive for efficient use of resources. The system has problems that need to be solved, e.g. no interest in small-market expensive treatments, using the excess profits for lobbying and other rent-seeking activities and so on, but is the alternative you suggest any better? It is hard to tell.

      When the public funds all research, you have all the problems of the patent system plus the fundamental issues of priority and resource allocation. You can look at the pharmaceutical industry in the Soviet bloc for a comprehensive example of the range of problems that exclusive public funding for research can create.

    17. Re:The morality of the pharmaceutical companies by tehcyder · · Score: 1

      I think it's totally immoral to charge anyone 'poor' (where you define that line isn't something I'll debate about right now) any more than the cost of production, while the cost of R&D can be charged to those who can actually afford it.

      If all drug research and production was state-owned everyone would pay towards it through their taxes, so that the poor would rightly pay less than the rich, assuming tax was progressive and enforced properly.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    18. Re:The morality of the pharmaceutical companies by phayes · · Score: 1

      A major part of your argument is wrong.

      India did not say that "Novartis had its run of the full duration of patent protection", India stated that the invention of Gleevec was too old to qualify for protection under India's new IP laws.

      Until relatively recently, India did not give patent protection to drugs. When it did so, only new drugs were given protection. The decision handed down rests on the fact that Gleevec was invented before the change in Indian laws, not on any fundamental difference in treatment of Drug Patents. As such, Gleevec is accorded NO patent protection.

      Any drugs Invented more than a year or two after Gleevec will qualify for protection under Indian law so your implied difference in treatment of Drug related patents between the USA/Europe & India is false.

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    19. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      The patents provide a mechanism that helps to efficiently allocate resources for research in response to the need for a treatment.

      What treatments are most needed can easily be seen from statistics, you don't need patents for that.
      Given these research priorities and the total available funding you can get perfectly efficient allocation of resources.
      You could even use the exact same calculations used to make profit under the current patent system, if you believe this is the most efficient way to allocate the resources.

      The system has problems that need to be solved, e.g. no interest in small-market expensive treatments

      In an non-profit system the public could also decide to care about the problems of people who would not be profitable for a company and allocate some extra resources for their needs.

      You can look at the pharmaceutical industry in the Soviet bloc for a comprehensive example of the range of problems that exclusive public funding for research can create.

      Could you be a little more specific on what to look for? According to Wikipedia the last remaining Soviet-style health system in "Cuba has one of the highest life expectancy rates in the region, with the average citizen living to 77.7 years old[3] (in comparison to the United States' 77.4 years[5])." (https://en.wikipedia.org/wiki/Healthcare_in_Cuba) and is also doing some genuine research which seems rather amazing for such a small and poor country.

    20. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      If these improvements are so insubstantial, why don't doctors just stick with the drug that is being replaced (or its generic equivalent)?

    21. Re:The morality of the pharmaceutical companies by siddesu · · Score: 1

      What treatments are most needed can easily be seen from statistics, you don't need patents for that. Given these research priorities and the total available funding you can get perfectly efficient allocation of resources.

      You could, assuming a) you have very reliable system for collecting statistics, b) a very reliable and efficient mechanism to transform these statistics into funding decisions and c) you don't really care about the preferences of those who seek treatment, because decision-making that is relying on statistics will be very different from one that takes the preferences and the interests of the patients as its most important input. Overall, I predict that you'll end up with policies that over-invest in stuff that the public body in charge of financing decisions think are important, severe shortages in all other areas and a progressively worsening decision-making mechanism.

      Could you be a little more specific on what to look for?

      If we stay on the topic of medical innovation, you should look at the quality and availability of advanced treatments, especially treatments that were developed there. You'll see that most of the public health effort went into visible infrastructure, hospitals and production facilities, some -- into education with visible results -- e.g. of doctors and nurses, but very little -- in development of new treatments that required investment into areas of low "visibility" that are poorly understood by the managers of the Socialist state.

      You'll also see that virtually all advanced treatments during the lifetime of the system were "imported" from the West, because of lack of domestic development. Even worse, the results in preventive care (which is an area where a purely government-managed system should shine far above one driven by profits) were awful. In short, the system was a poorly organized mess that failed in its every aspect -- mostly because decisions were not coupled to the interests of the patients.

      As for Cuba, please.

      First, again, you shift from treatment development to healthcare provision. These aren't the same. If you consider what treatments have been developed in Cuba, I doubt you'll find a lot of achievement.

      Second, even concerning the whole health-care sector, Cuba isn't the clear-cut case you're looking for. Its system was built on the already good healthcare they had before the revolution. Cuba has, throughout its Socialist period and onwards, been a huge recipient of foreign aid -- the Comecon poured the equivalent nearly 70 billion dollars into the Cuban healthcare system between 1960 and 1990, and when the Soviet system collapsed, the Cuban healthcare indicators deteriorated sharply. The complete collapse was avoided because a host of UN programs kept funding it, which allowed modern medicine from abroad. Without these injections and the piggybacking on modern research in the West, Cuba would have been much, much worse.

      Finally, I am skeptical about the quality of statistics that is available on Cuba, and twice more on the aggregates in the Wikipedia. I was there once briefly more than 25 years ago, but I remember shabby polyclinics where only very basic treatment was available. Anything else you had to pay for under the table (which was the same situation you'd have found all over the Eastern bloc at the time). It is quite hard to believe the magically high numbers they keep displaying. Maybe they are true, but if the Cuban statistical offiice is anything like the institute for statistics in the country where I was born, I'd take them with a grain of salt the size of Chavez' tumor.

    22. Re:The morality of the pharmaceutical companies by Rich0 · · Score: 1

      Most of the actual research whose fruits end up as drugs are often made by researchers with federal funding. The actual amount of money put into research is much lower than what Pharma wants us to believe, and often R&D involves a significant amount of activities unconnected with Research.

      It depends on how you define "research." What's the cost of an idea? Anybody can say the idea was easy to come up with after the fact.

      However, most of the costs of drug R&D isn't on the R - it is on the D. An academic lab might have only spent half a million dollars coming up with a drug candidate, but it will take another $10M to prove that it doesn't work. Repeat that a few hundred times and you'll come up with a drug that does work. 95% of the money doesn't get spent discovering drugs - it gets spent figuring out which molecules really are the drugs.

      From a researcher's perspective this is boring work, but it is still necessary.

      As far as Pharma spending gobs of money on other stuff goes, couldn't agree more and would love to see that reined in. However, it doesn't change the fact that drug discovery is still expensive. I'd love to see the NIH take it over, but look at how much NASA struggles to pay its bills and they're tiny compared to the total R&D spend of the US Pharma industry.

    23. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      assuming tax was progressive and enforced properly.

      Also, unicorns and pegasus rides

    24. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      You could, assuming a) you have very reliable system for collecting statistics, b) a very reliable and efficient mechanism to transform these statistics into funding decisions and c) you don't really care about the preferences of those who seek treatment, because decision-making that is relying on statistics will be very different from one that takes the preferences and the interests of the patients as its most important input.

      A company will have to make the same considerations before developing its product. Why should a public system not be able to poll the preferences of those who seek treatment?

      Overall, I predict that you'll end up with policies that over-invest in stuff that the public body in charge of financing decisions think are important, severe shortages in all other areas and a progressively worsening decision-making mechanism.

      The logical and natural solution to this would be to make a publicly funded system as transparent and democratic as possible. This would actually be a real paradigm shift compared to our current Corporate system or Soviet-style State Capitalism. Those are very similar in this regard: they are both highly hierarchic, intransparent and undemocratic. This causes decision making to be too far removed from those who are affected by the decisions and puts to much power into the hands of very few.

    25. Re:The morality of the pharmaceutical companies by Attila+Dimedici · · Score: 1

      I agree that the practice of "evergreening" drug patents is a bad one that should be stopped. The problem I have with this case is that this article at no point actually tells us what was changed to create the "slightly altered" version. Without knowing that I have no way to judge if I agree with the Indian court or not. The court said this was a minor change which did not significantly alter the efficacy of the drug. However, since the reporter failed to tell me what this change actually was, I conclude that the reporter was intentionally making the drug company look bad and did not want to risk the chance that those reading the article might disagree and see the change as significant. Which makes me wonder if the change might not actually be something fairly significant that markedly improves the ability of the drug to combat cancer. If the change was truly minor, wouldn't the agenda of the reporter (to condemn "evergreening" of drug patents) be even better served by illustrating how minor this change was?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    26. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      Dont forget that once a patent is expired, any one can make a copy of the drug. No one is forcing patients to either take or pay for minor improvements if they don't want them. The issue is that generic firms don't actually want to make the old drugs, they want to copy the new versions of drugs.

    27. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      >>" the court ruled that small changes and improvements to the drug Glivec did not amount to innovation deserving of a patent."
      Which word in the above statement do you have problem understanding?

    28. Re:The morality of the pharmaceutical companies by siddesu · · Score: 1

      The logical and natural solution to this would be to make a publicly funded system as transparent and democratic as possible.

      The issue is how. Building such a system is probably a worthy goal, but wishing for one is a lot easier than achieving it. The current system, however imperfect, has two enormously useful principles at its foundation. First, it aligns the interests of all players -- the investors, the pharmaceutical companies, the researchers and the patients -- via a mechanism that is at least partially exposed to market pressure. Second, the role of the government is one of a rule maker and arbiter, which makes it a suitable controller of the quality of the developed treatments.

      Reforming the current system in a manner that will make it less prone to fall victim to rent-seeking, and finding good solutions to the market failures that appear to exist (e.g. treatments for rare diseases, etc.) is a much more rational choice than trying to replace it with something that has already been tried and shown not to work well at all.

      A company will have to make the same considerations before developing its product. Why should a public system not be able to poll the preferences of those who seek treatment?

      Because the way interests combine to produce outcome is different.

      In the case of a public body, financing is seen as unlimited, the controls are usually weaker and the responsibility of the decision-makers is watered down. Also, it is rare to see a lot of competition, usually there is one body that deals with one area of government spending. Finally, the government assumes not only the role of rule-maker and arbiter, but also a side as an investor and manager of the system. The interests of the players align in a weird way, which creates incentives that are not exactly aligned with the best interests of the patients and the taxpayers.

      None of these are inherent in the patent model. It shortcomings are mostly the monopolistic rents and the rent-seeking behavior they induce, and this is the problem that should be solved.

    29. Re:The morality of the pharmaceutical companies by Anonymous Coward · · Score: 0

      Agree 100%. It is the new age legal Drug Mafia.

    30. Re:The morality of the pharmaceutical companies by oiron · · Score: 1

      Advertising, to begin with. There's a percentage of docs who'll prescribe what the pharma reps tell them to...

      Then, there's a legal difficulty in producing generics. Just like in software cases, where what's protected by a patent may not be obvious, it's possible for Novartis or some other patent holder to file a wrongful claim against a generic and keep the case pending for years. The case itself may not be legit, but we know how many bad decisions have been handed down in patent cases, especially where judge/jury don't understand the technicalities involved...

      Finally, why go through all that rigmarole of granting a patent and then ignoring it? If it's insubstantial, there's no need to grant a patent!

    31. Re:The morality of the pharmaceutical companies by oiron · · Score: 1

      Two parts to this, and you only got the first.

      1) Novartis had an international patent on the drug, but that wasn't enforceable in India because we didn't have drug patents. That patent has expired.

      2) They tried to apply for a patent based on the original drug, but the court ruled that a) the original is already known (and in public domain) and b) the modification wasn't worth patenting.

      Besides, there's compulsory licensing in Indian patent law, especially with regard to life saving drugs. They can be forced to license it to competitors, at a price set by - I'm not sure if it's the patent office or the courts...

    32. Re:The morality of the pharmaceutical companies by oiron · · Score: 1

      India also has between 40 and 60 percent of the population below the poverty line. We can't exactly afford $6000 a shot for life-saving drugs as a country. Hence, compulsory licensing.

      Besides, the patent wasn't (and isn't) valid in India, the modification is too slight (according to the IPAB, the High Court and the Supreme Court) to be patented. India, like the US, has separation of powers. The courts work independently of the executive, and they do not make decisions on political considerations or for supporting industry. They - especially the Supreme Court - has a long history of going against the government, against industry, whatever. In this case, no protectionism needs to be postulated.

    33. Re:The morality of the pharmaceutical companies by oiron · · Score: 1

      Here's a more detailed look.

      The important bit:

      Glivec is the brand name of Imatinib. Novartis had applied for a patent for a modification of this drug, a “beta crystalline” salt form of Imatinib Mesylate or IM, which it said could be better absorbed by the body – by up to 30% more. After its patent application was rejected by the Patent office, Novartis moved the Intellectual Property Board, Chennai. The Board rejected the claim, but gave certain findings favourable to the company. Instead of filing an appeal before the Madras High Court, Novartis moved the Supreme Court.

      A Bench of Supreme Court Justices Aftab Alam and Ranjana Desai said: “We firmly reject the appellant’s case that Imatinib Mesylate is a new product and the outcome of an invention beyond the Zimmermann [original] patent.”

      The Bench said that the patent application contains a “clear and unambiguous averment” that all the therapeutic qualities of the modified form, for which the patent was applied, “are possessed” by the original version.

  7. Huh? by Locke2005 · · Score: 5, Insightful

    This doesn't make sense to me. If they make a small change, the small change should be patentable -- but that should in no way effect the extent of the patent on the original formulation. In other words, patenting the small change shouldn't stop anybody from copying the original drug. And if the "small change" actually makes a real difference in effectiveness, isn't that an argument that it _should_ be patentable?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  8. Legal Gray Market sale of cheaper generics in USA? by girlinatrainingbra · · Score: 1

    Can this combine with the "Doctrine of First Sale" case by the Supreme Court a few weeks ago about the textbooks bought in Thailand and sold in the USA? Then, instead of having USA-citizens buying cheap pharma-drugs from Canadian pharmacies, they could buy the cheap generic versions from Indian pharmacies.
    :>)
    Someone could start a business importing the generics from India and selling them here in the USA legally, rather than those generics being a "gray market" product: http://en.wikipedia.org/wiki/Grey_market (interestingly, the USA wikipedia uses the British spelling for grey, eh? How hoity-toity!)

  9. Can smeone explain ? by Anonymous Coward · · Score: 1

    Ok, the court did not think it was innovative enough, but I don't understand why this should affect the expiry of the patent of the previous version f the drug.
    That should expire regardless, shouldn't it ?
    If so, they could make generics from the previously expiring one.
    There's something I don't understand about the evergreening of the patent. If someone can explain, thanks.

    1. Re:Can smeone explain ? by Anonymous Coward · · Score: 0

      If so, they could make generics from the previously expiring one.

      They could, but the big pharma companies pay the little pharma companies big bucks to not make generic versions of their drugs. Why go through all those pesky FDA regulations and hard work of getting your drug approved just to sell it for $5 a pop, when you can get paid to do nothing?

      Cue people telling us it's all the government's fault and if it weren't for the FDA, all the welfare recipients^W^Wgeneric manufacturers getting paid to do nothing would get off their ass and work for their money.

    2. Re:Can smeone explain ? by Opportunist · · Score: 1

      Probably some kind of legal spiel where they can claim the generic drug some other company can make is similar enough to the new patented one that it could be considered a knock off and hence it's illegal to do it?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Can smeone explain ? by robbak · · Score: 2

      In this case, the original patent could not be granted because India's laws did not recognize patents on drugs at the time. Now India has passed laws recognizing patentable drugs, the company wanted a patent, and claimed one for the existing drug, unpatented because of previous laws, slightly changed.

      In this case, a patent would have been reasonable. But if allowed, it would be a precedent that would have been used for evergreening other drug patents in the future. So it was quite rightly disallowed.

      There are more egregious examples of evergreening, for instance, where a party gains a patent on a drug, and, just before the drug's patent expires, a second patent is applied for covering an essential process or precursor for making the drug. This second patent works if they have been careful to make sure that information about the process or precursor has been kept as a trade secret, which means simply that everyone that has been informed about it has signed an NDA.

      --
      Prediction for end of Universe #42: Fencepost error in Quantum_bogosort.cpp
    4. Re:Can smeone explain ? by siddesu · · Score: 1

      It is a marketing issue. Where I live, generic medicine has been available for several years now and is of high quality, comparable to the branded one. However, the rules are that the pharmacy will not sell you a generic item unless the doctor indicates that a substitution is acceptable on the prescription. This is, of course all fine and cool until you consider how doctors learn about new drugs and treatments.

      A lot of the doctors I've talked to seem to learn about those mostly from seminars run by the drug companies themselves. There, the newest drug will invariably be touted as much better than the old one. Of course, the training has value for the patient when it helps the doctors to better understand the implications of using the various options and provide a better (both more effective, and more cost-effective) treatment because of it. The problem is that some of these seminars are more of a marketing campaign than rigorous training, and the end result is they promote the more expensive treatment, not the most effective one.

      As a result of this training system, the likelihood increases that your doctor will prescribe you a branded item, often without the option to substitute for a generic item, even if one may be available and just as effective. While there are no absolutes in this matter and, in the end, it all depends on the particular doctor, there are many who go the easy way and just give you the option they've learned from the maker's marketing literature.

      I've had experiences all over the range, from doctors who prescribe the branded item because "this is the drug that is used most often", "this is the best" or "the price difference is not all that large" (in my case, the government insurance covers a large percent of the cost, so, indeed, the cost I pay directly is low, but, of course, the taxes are high and getting higher), to doctors who give a long lecture about the reasons to pick a specific drug and relate those to details of the diagnosis. On the positive side, I've seen the least amount of unnecessary expensive treatments when dealing with complex problems that required a high level of qualification from the doctor.

    5. Re:Can smeone explain ? by AxeTheMax · · Score: 1

      I think one point is that the previous version was not patented in India (as mentioned before). So essentially Novartis tried to get a patent on a minor alteration of a patent free compound.

    6. Re:Can smeone explain ? by Lonewolf666 · · Score: 1

      The generic drug maker should be able to counter this by saying the generic drug is a copy of the old one, for which the patent has expired. If that doesn't work, the law is even more fucked up than I believed.

      --
      C - the footgun of programming languages
    7. Re:Can smeone explain ? by Lonewolf666 · · Score: 1

      In this case, the original patent could not be granted because India's laws did not recognize patents on drugs at the time. Now India has passed laws recognizing patentable drugs, the company wanted a patent, and claimed one for the existing drug, unpatented because of previous laws, slightly changed.

      In this case, a patent would have been reasonable.

      Actually it would not have been reasonable, as the existing drug was public knowledge at the time drugs became patentable. As such, it counted as "prior art".

      Your drug and process example also hints at a failure in the patent process:

      35 U.S.C. 112 says

      Specification.
      The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.

      Link: http://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#d0e302450
      So if an essential process or precursor for making the drug was held back in the original patent application, the original patent should not have been granted.

      --
      C - the footgun of programming languages
    8. Re:Can smeone explain ? by robbak · · Score: 1

      In this case, a patent would have been reasonable.

      Actually it would not have been reasonable, as the existing drug was public knowledge at the time drugs became patentable. As such, it counted as "prior art".

      My reason for stating that a patent would be 'reasonable' is that they would have been given a patent if the current laws stood when the drug was developed. Perhaps "not unreasonable" would be the correct term.

      Your drug and process example also hints at a failure in the patent process:

      35 U.S.C. 112 says

      Specification. The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.

      Link: http://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#d0e302450 So if an essential process or precursor for making the drug was held back in the original patent application, the original patent should not have been granted.

      Oh, hear here. But that law has not been followed for years. The art of writing a patent these days is the art of making the wording so complex that it provides the reader with no benefits, and so ambiguous that you can extend it to cover things others invent later. "Full, clear, concise and exact". Yeah. That's why we need 'claim construction' arguments to work out what a patent means.

      --
      Prediction for end of Universe #42: Fencepost error in Quantum_bogosort.cpp
    9. Re:Can smeone explain ? by Opportunist · · Score: 1

      I don't know the particular angle right now, but I think it is safe to say that the law IS way more fucked up than anyone with a sane mind can believe.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  10. Re:Legal Gray Market sale of cheaper generics in U by whoever57 · · Score: 2

    (interestingly, the USA wikipedia uses the British spelling for grey, eh? How hoity-toity!)

    That's the correct spelling for grey to you, colonist.

    Actually, Wikipedia doesn't have a USA version, it has an English version.

    --
    The real "Libtards" are the Libertarians!
  11. Re:Innovation by Opportunist · · Score: 4, Insightful

    It's a smart move, and I'm surprised that there aren't more governments catching on. If I can get cheap treatment in your country, it may even be cheaper to be treated there, including the plane ticket.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  12. Good news - now Novartis will make generics :-) by bayankaran · · Score: 5, Interesting

    Now, NOVARTIS will start making generics.

    Generic drugs made by third parties are sorely needed by non G8 nations across the world. Indian companies are the leaders in making generics....like Chinese companies in making electronics / hardware. The argument of multinationals pharma companies like NOVARTIS claims the high cost of R & D for inventing new drugs for keeping up the high price. This has been debunked by the report on TIME (and many other sources) which proved the same drug or treatments costs vary highly depending on who pays. And such costs are amortized from G8 nations itself. Also none of these companies are making any losses in their balance sheet whatsoever...what they demand is permanent 'rent seeking'.

    Today's TIME has an OPED by their Delhi correspondent with grave warnings on future of Indian pharma - the type of warnings issued by World Bank / IMF / West on Developing countries - basically on the lines on "do as I say, not as I do". I guess NOVARTIS marketing droids called TIME headquarters and asked them to run a sympathetic piece. We are talking about a company with $54 billion sales and $9 billion plus profit in 2012! Imagine their power. And now imagine the 'purported losses' on a few drugs going out of patent in developing countries - it will be negligible at best.

    There is no way any Indian - except for the 2-3% of the elite - can afford a $2600 ~ Rs 130000 / - cost for a month long treatment. This is a country with no health social safety net other than public medical colleges and affordable primary health care facilities and medicines. (Private Health Insurance is a new phenomenon, slowly catching on, the advantages and disadvantages we know...we have to look at USA.)

    The only argument which can be made against Indian generics - "if you can't afford the drug, why don't you suffer the consequences". I guess even the most hard nosed penny pinching corporate drone is not THAT heartless.

    Instead of fighting the generic manufacturers, NOVARTIS should create their own special generic versions and beat them on a price point. But the suits running the show looked at some powerpoint and decided, lets first fight, if we lose start making generics.

    --
    Tat Tvam Asi
    1. Re:Good news - now Novartis will make generics :-) by ap7 · · Score: 1

      A legal framework is needed to separate R&D in pharma from manufacturing and marketing. The R&D companies license the drug to whoever applies. Competition will keep the marketing and production company costs down to an optimal level thus saving money. Pharma marketing has massive budgets. I know of doctors travelling abroad every 15-20 days for lavish Pharma sponsored 'conferences' in exotic locations. Many malpractices exist in the whole Pharma marketing ecosystem that put the IT industry to shame in their sheer scale and audacity. Curbing them will definitely cut costs.

      On the other hand, pharma R&D will make its money solely from creating new drugs and licensing fees. Their primary incentive will be to keep revenues flowing from licensing, therefore creating new drugs rapidly. The only issue to be resolved is the licensing fee R&D can charge for each new drug. I am sure a proper regulatory framework can come up with something that ensures good incentives for companies doing R&D, keeping net returns well above the pharma industry average to incentivize setting up of a lot of R&D companies. More competing R&D companies will mean more innovation and lower licensing fees too.

      Finally, the Time correspondent in Delhi will basically have heard the pro-pharma argument from a PR company and leant towards it. You will be surprised how many journalists can be fed material so easily.

    2. Re:Good news - now Novartis will make generics :-) by TubeSteak · · Score: 1

      Instead of fighting the generic manufacturers, NOVARTIS should create their own special generic versions and beat them on a price point.

      In the developing world, premium priced branded generics are turning into big money for pharmaceutical companies.
      The people are very aware of counterfeit drugs, so they'll pay a premium for Bayer Aspirin
      (festooned with holograms and safety seals on the boxes and bottle)
      even though aspirin has been generic for an exceedingly long time.

      --
      [Fuck Beta]
      o0t!
    3. Re:Good news - now Novartis will make generics :-) by Anonymous Coward · · Score: 1

      Novartis DOES have a generic division. It's the second largest generics manufacturer worldwide (TEVA, the Israeli Generics Manufacturer is the largest)

    4. Re:Good news - now Novartis will make generics :-) by Anonymous Coward · · Score: 1

      The only argument which can be made against Indian generics - "if you can't afford the drug, why don't you suffer the consequences". I guess even the most hard nosed penny pinching corporate drone is not THAT heartless.

      Randroids are. Even though their idol was a welfare queen, who, incidentally let the government pay for her smoking induced lung cancer treatment.

    5. Re:Good news - now Novartis will make generics :-) by Anonymous Coward · · Score: 0

      Indian's who can't afford high cost drugs end up selling their life long savings such as land/home to pay for such expenses if their insurance does not cover the cost. That only makes the life for a decent family miserable.

    6. Re:Good news - now Novartis will make generics :-) by Anonymous Coward · · Score: 0

      They do. Google Sandoz.

    7. Re:Good news - now Novartis will make generics :-) by Anonymous Coward · · Score: 0

      You know that Novartis owns Sandoz, right? That would have saved you a lot of time.

    8. Re:Good news - now Novartis will make generics :-) by necro81 · · Score: 1

      Generic drugs made by third parties are sorely needed by non G8 nations across the world

      Generic drugs made by third parties are sorely needed by everyone across the world!

    9. Re:Good news - now Novartis will make generics :-) by ATestR · · Score: 1

      On the other hand, pharma R&D will make its money solely from creating new drugs and licensing fees.

      A new drug costs $$$ to bring to market, between all the testing required. For every drug successfully marketed, there are 10 or 100 that never make it. The successful drugs have to bear the cost of the unsuccessful ones, to the tune of Billion$ of dollars per drug. Those costs have to be recaptured somewhere. Currently by selling at a high price. If it is strictly by licensing fees, that those fees will be very high, and the marketing/production companies will have to pay them, and thus have to recapture their costs. Nothing changes.

      Is there waste and abuse in the pharma industry? Undoubtedly. Better ask what percentage it is before you throw the baby out with the bathwater.

      --
      âoeAny society that would give up a little liberty to gain a little security will deserve neither and lose both.
    10. Re:Good news - now Novartis will make generics :-) by stdarg · · Score: 2

      India has the 7th largest defense budget in the world at about $50 billion (US). They have a space program. They develop and maintain nuclear weapons.

      All the talk about how poor India is and how they need free medicine is bullshit. They could pay for it but instead they choose the route of compulsory licenses and invalidating patents. Instead of working with drug companies to give them a fair profit while providing drugs, they want domestic companies to produce the generics and keep the profits (it's no charity like they would have you believe).

      Now is that "bad?" I don't know, it's certainly a good deal for them and has given them an advanced and very capable pharmaceutical manufacturing industry. That's great for them.

      BUT.. They don't get to do that and pretend to be on the high moral horse at the same time.

    11. Re:Good news - now Novartis will make generics :-) by Anonymous Coward · · Score: 0

      Even if good cancer-fighting drugs were produced under generic names in India, I can pretty much guarantee that I'd have absolutely no chance of shipping that affordable drug to myself in North America.

      Love the medical system here. Well, who knows, miracles happen, maybe I'll be an old man eventually.

    12. Re:Good news - now Novartis will make generics :-) by oiron · · Score: 1

      Do you have any idea how large this country is? Or how much per capita our space program costs? Or how it's used in the first place?

      This is the usual argument that because someone is living on welfare, they shouldn't be allowed to have a car/computer/mobile phone/whatever.

      As a country, we don't believe that minor changes should be patentable, or that life saving drugs should cost someone's entire life savings. The cost difference between Novartis' Glivec and the closest generic is an entire one-hundred-fold - if the Indian generics are making money off that price difference, why can't Novartis?

      As a country, we have no reason to support the profit motive of any single company. Thanks!

    13. Re:Good news - now Novartis will make generics :-) by Anonymous Coward · · Score: 0

      India has the 7th largest defense budget in the world at about $50 billion (US). They have a space program. They develop and maintain nuclear weapons.

      All the talk about how poor India is and how they need free medicine is bullshit. They could pay for it but instead they choose the route of compulsory licenses and invalidating patents. Instead of working with drug companies to give them a fair profit while providing drugs, they want domestic companies to produce the generics and keep the profits (it's no charity like they would have you believe).

      Now is that "bad?" I don't know, it's certainly a good deal for them and has given them an advanced and very capable pharmaceutical manufacturing industry. That's great for them.

      BUT.. They don't get to do that and pretend to be on the high moral horse at the same time.

      I knew this was coming. Why can't US government stop spending money on defense and start using that money to give affordable healthcare to Americans?
      And i am not posting this as "Anonymous Coward" because i am one.. i will sign-up and log-in when i want to.. not when someone instigates me.

  13. Re:Innovation by Zontar+The+Mindless · · Score: 5, Insightful

    They seem to understand "My right to live trumps your supposed 'right' to make money" pretty damned well, though.

    --
    Il n'y a pas de Planet B.
  14. Re:Innovation by Zontar+The+Mindless · · Score: 2

    I hear you can make a really nice curry with expired patents.

    --
    Il n'y a pas de Planet B.
  15. Thank God by Redmancometh · · Score: 1

    The ROT13 and other April fools crap is over with. That was really annoying. Someone needs a stern talking to about what "obnoxious" means.

    1. Re:Thank God by Anonymous Coward · · Score: 0

      The ROT13 and other April fools crap is over with.
      That was really annoying.
      Someone needs a stern talking to about what "obnoxious" means.

      Every year, Slashdot is totally useless for one day, glad it is over.

  16. Re:Innovation by sFurbo · · Score: 2, Insightful

    It's a smart move in the short term, in the long term, who knows? If this means less R&D spending on medicine, we might be worse off.

  17. Re:Innovation by sFurbo · · Score: 3, Interesting

    Until we have a better system in place for coming up with the hundreds of millions of dollars it takes to prove the efficacy and safety of a new drug, drug patents are one of few cases where patents make sense.

  18. This is very big... by tanveer1979 · · Score: 4, Interesting

    "Evergreening"
    This is a process where pharma companies make teeny weeny changes to compound and get a new patent, bypassing the 20 year limit on patents. Indian law(thankfully) does not allow "Evergreening". Patents cannot be issued on "new versions" or "slight changes".
    The courts are very sensitive to this, and will not allow pharma companies to get away.
    What this ruling has done is that many more common drugs can now be sold as generics. Cancer is a relatively rare disorder, but there are other more common diseases where patented drugs are very expensive.
    With this ruling generics will get a big boost. Not only that, there is a push by the govt to prevent doctors from recommending "brands" and recommend generic brand name drugs which are 1/10 the cost, or even cheaper.
    There has been lot of pressure by the WTO to allow corporate to plunder the masses, but the govt has held out on its own. There are many things wrong with India. Thankfully. patent system as it stands today is not one of the things wrong!

    --
    My Aurora : http://www.youtube.com/watch?v=o91ZsGwJYyg
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    1. Re:This is very big... by Anonymous Coward · · Score: 0

      Kinda like how Big Media has successfully lobbied for eternal copyright term... disgusting!

      Cancer is a relatively rare disorder

      No, it certainly isn't. About a third of all people will get cancer at some point.

    2. Re:This is very big... by Anonymous Coward · · Score: 0

      Bizarre comment. If a medicine goes off patent, any other company can produce it. There's no such thing as actual evergreening. The issue is if a new version of the medicine is easier to take, or easier to monitor. Patients actually like those versions of the drugs, but they are not in any way being forced to take them if a cheaper version of the old drug is available. This patent decision is simply industrial policy on the part of the Indian Government to allow their own generic firms to produce new drugs. if you read the Indian Government's announcements they actually seem to talk more about exporting cheap generics than they do about providing cheap drugs for actual sick Indians. The india Government actually spends far less, even as a percentage of GDP, on medicines than do other developing countries. This policy is highly unlikely to actually change health outcomes in India, but is going to make companies think twice before they bring innovative drugs to that market.

    3. Re:This is very big... by Anonymous Coward · · Score: 0

      Please figure out what evergreening is and is not. The original compound does not get a new patent. Any generic firm can make the old compound. Imagine an insulin regime where you have to inject yourself five times a day. Now a company invents a way where you can either take a pill or only inject once a day. Under existing Indian law, that improvement is NOT patentable. Yet, this improvement is clearly in the interest of patients. A patent on the new method won't renew the patent on the old process, but no one wants to use the old process.

    4. Re:This is very big... by mysidia · · Score: 1

      "Evergreening" This is a process where pharma companies make teeny weeny changes to compound and get a new patent, bypassing the 20 year limit on patents

      The changes must not be teeny weeny at all; otherwise, the generics manufacturers could just produce the drug without the minor changes, and consumers would have the same benefit...

      If in fact, the new adjustments are so crucial, then the changes weren't really so small or insignificant

  19. Re:Legal Gray Market sale of cheaper generics in U by girlinatrainingbra · · Score: 2

    Sorry, mate, we're the Revolutionaries in the former colony. Your King George lost the war. :>)
    .
    Damn you for being right about the "English" language, though. And you forgot to rub it in by using the word color with the Brit-spelling "colour". (jk. IAAA = i am an anglophile)

  20. Re:Legal Gray Market sale of cheaper generics in U by Zontar+The+Mindless · · Score: 3, Insightful

    You're trying to talk sense to someone who thinks "American" is a language.

    The word I'd normally use to describe such an exercise is, "futile".

    --
    Il n'y a pas de Planet B.
  21. Re:Innovation by fustakrakich · · Score: 5, Insightful

    ibid.. That argument has been debunked a long time ago. Those millions aren't going where you think they are.

    --
    “He’s not deformed, he’s just drunk!”
  22. BS Alert by tanveer1979 · · Score: 1

    This is the BS line pharma companies would like to feed you. Much of the research happens in conjunction with universities.
    Pharma companies are always in for a "maintenance" cure. They do not want the permanent cure. Corporations exist for profit, and if they get less profit, it will mean a 50,000$ car instead of a 1000000$ supercar.
    But just like the MAFIAA they would like you to believe that they are some kind of angels looking over starving millions.

    --
    My Aurora : http://www.youtube.com/watch?v=o91ZsGwJYyg
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    1. Re:BS Alert by gtall · · Score: 1

      Don't forget that universities generating drug cure also generate new companies to profit from those drug cures.

  23. Re:Legal Gray Market sale of cheaper generics in U by Zemran · · Score: 1

    From the article that you linked to "A grey market or gray market, also known as parallel market,..." - It seems that the English version of the page that you cite is quite clear that there are 2 ways of spelling the word. I am British and when I write on that site I write in English and point out alternative spelling just as this writer has. There is nothing wrong with the page that you link to.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  24. Re:Innovation by davester666 · · Score: 1

    It already is catching on. Lots of people already do 'medical tourism', in which they have to go to another country for a procedure or medicine that they either can't get or can't afford at home.

    --
    Sleep your way to a whiter smile...date a dentist!
  25. Re:Innovation by sFurbo · · Score: 1, Insightful

    People have been saying that the drug companies spend a lot of money on other things for a long time, but that isn't really relevant to my post.
    Some of the money we spend on drugs today are used to test new drugs. If we are going to end the system we have today, I would prefer if we had a new system in place before that. So, what is your system for testing new drugs, and when can it be implemented? And remember, it really does cost hundreds of millions of dollars to be reasonably sure that a drug works and is safe, so your system had better be somewhat resistant towards corruption.

  26. Birds do it, spelling bees do it, let's fall in... by girlinatrainingbra · · Score: 1

    Greetings, across-the-ponder. I only said that it was "interesting", not that it was wrong. I assume that the Great Edit Wars of the '00s (the Twenty-O-O's) and the Great Revert Battles of Wikipedia of 2010 saw much churning both within the article and in the title itself. The skies must have been filled with the e's and the a's being catapulted back and forth as the Revolutionary Forces and the east-of-the-pond residuals of the once Mighty Empire hurled vowels and invective and inflections (and once, there was a stray umlaut as a German took part in a strange time-traveling-unterseeboot up-periscoping) at each other. It's been a lone holdout, that one wikipedia article entitled "Grey Market", that outpost holding onto that grey, grey spelling.
    ;>)
    Birds do it, spelling bees do it, let's fall in . . . loove !

  27. Good! by Anonymous Coward · · Score: 0

    Delurking for the first time in a long time to say this: to the lowest hell with the people whose greed will let them watch other humans suffer, wither, and die for want of these drugs. "Evergreening" is scum and in a better world would be felonious.

    We must have a change of heart as a race. We must ask, "is money for humankind, or is humankind for money?" Especially in a global economy full of floating currencies, money only has value while it has velocity, as one cannot see the wind but only feel its effects.

    India has the potential to be a world leader in sustainability...or it may become a living nightmare zone with a population of billions. Only the decisions made deep in the hearts of those in power will tell, and the consequences will spiral out into eternity.

  28. Depends on the "small change" by bradley13 · · Score: 2

    Patents on new drugs make sense. When these patents expire, the companies try to find some way to re-patent the drug. Too often, the change is from "take 2 25mg tablets twice a day" to "take 1 50mg tablet twice a day". In other words, the changes often really have nothing whatsoever to do with the actual active ingredient being delivered. Instead of capsules, the drug become a tablet; instead of a syrup it's now a capsule.

    This case seems to be even more egregious, because Novartis did not even develop the original drug. Novartis patented their particular formulation, and hoped to use this to prevent anyone else from manufacturing competing formulations. They presumably purchased marketing rights from the drug developer, but I haven't been able to find the details. In any case, India's court has simply said that other companies can also produce the drug, and sell it in their own formulations.

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Depends on the "small change" by hedwards · · Score: 1

      That change wouldn't warrant a new patent as there's nothing changed other than the packaging. Now, if they develop a new method of enshrouding the pill for longer uptake, that new enshrouding would be eligible for protection. This is one of the reason why generics aren't always the same as the name brand and why some people can handle one or the other, but not both.

  29. Re:Innovation by Anonymous Coward · · Score: 3, Insightful

    And remember, it really does cost hundreds of millions of dollars to be reasonably sure that a drug works and is safe, so your system had better be somewhat resistant towards corruption.

    It is the current system that has issues with corruption, because the companies financing the testing have profit motives.
    There is no magic to publicly funding non-profit research/testing. It would however seem like magic because it is safer and cheaper.

  30. Re:Innovation by fustakrakich · · Score: 5, Insightful

    ...it really does cost hundreds of millions of dollars...

    Yes, because it's closed market. The regulations are designed to make it too expensive to compete. It is the epitome of 'crony capitalism'. And the whole process is done behind closed doors. That must end. However none of this is going to happen until we stop reelecting company politicians who appoint company bureaucrats. And furthermore, the efficacy and safety of many of today's pharmaceuticals are highly dubious. We can do much better if we demand some transparency at the very least. Make them open the books. There should be nothing to prevent the government from hiring scientists to create drugs also. Let's give these companies some real competition. Put our tax dollars to work for us for a change, instead of subsidizing the industry.

    --
    “He’s not deformed, he’s just drunk!”
  31. Re:Legal Gray Market sale of cheaper generics in U by DNS-and-BIND · · Score: 1

    Who said that, exactly? Or did you just make that up? I think you did...

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  32. Shorter patents needed by Anonymous Coward · · Score: 1

    "I would expect all of the other drug companies to also want a piece of that pie. That means they have to come up with something that works better."

    If the motive is profit then a cure isn't a 'better' outcome. The better solution here is to reduce their patent protection till they *need* to push forward with research to survive. For patents to work, they need to be at the MINIMUM required for any market. Longer than the minimum and they slow development down.

    "You are vastly, massively underestimating the complexity of cancer and of the human biology."

    He's pretty much judged the drug company motivation right though, hasn't he? They have a monopoly, courtesy of patents, on their respective fields. In that case they have no incentive to push forward. If Novartis had to make a new better cancer drug every few years then the rate of development would increase enormously. Over zealous patent regimes are what's holding back drugs, Novartis can coast for quite a while now.

    For Novartis, they'll make the next drug, and move it very slowly to market if their competitors come up with one. That way they can make full use of the patent length.

    1. Re:Shorter patents needed by LurkerXXX · · Score: 2

      They have a monopoly, courtesy of patents, on their respective fields.

      Nope. The NIH funds a huge amount on research at it's main campus, and at research universities around the country. To the tune of about $30 Billion/year. People motivated to find cures (become famous, tenure at a major university in their field, pretty much guaranteed funding, tour the world giving lectures at universites as a guest speaker, plus a piece of the patent along with the university).

      The drug companies do spend a lot on research, but most of their spending is on clinical trials, the last part of the research process, testing a drug to see if it actually works in humans. The NIH finds a huge part of the basic research looking for new cures.

    2. Re:Shorter patents needed by hedwards · · Score: 1

      $30bn is a tiny amount of money for a country like the US, that's less than $2 per week per person for every man woman and child in the US. Whereas we spend more than 10x as much money on the DoD.

  33. Re:Innovation by Opportunist · · Score: 4, Insightful

    Is this akin to the "if we don't get unlimited copyright, the music will die"?

    I highly doubt that this is going to make pharmacological research unprofitable. Maybe it will even lead to new medication when they can't milk the very same crap forever.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  34. Re:Innovation by Xeno+man · · Score: 5, Insightful

    It means R&D will be spend on NEW medicine. Much less will be spent on slightly improving existing medicine. You do know the R&D stands for research and design. They would have to do some NEW research.

    Financially it makes much more sense to take your existing product, make it slightly stronger or last slightly longer and file for a new patent and basically double your patent length.

  35. Re:Innovation by Fjandr · · Score: 1

    They'll still develop them, as they have a major captive market in the US.

  36. Re:Innovation by sFurbo · · Score: 3, Insightful

    The price of testing drugs is mostly due to the number of people in the tests, and the number of people determine how certain we can be on the estimates of efficacy and efficiency. You can get cheaper testing, or you can get better testing, but getting both is tricky.

    That being said, more transparency would be nice. At least force them to publish all human testing of the drugs. Or even better, remove the testing from the drug companies, though it would be problematic to ensure that they have no power over it.

    As for the using government money for testing drugs, it is an intriguing idea, but corruption would still be a problem, given the amount of money at stake. I am not sure whether it would be a larger or smaller problem than today.

  37. Re:Legal Gray Market sale of cheaper generics in U by AxeTheMax · · Score: 1

    And of course see the British spelling for other metals - sodum, potassum, et.c., and also the British spelling for a certain part of the head is cranum. Sheer arrogance.

  38. Re:Innovation by sFurbo · · Score: 2

    Is this akin to the "if we don't get unlimited copyright, the music will die"?

    If the price of making a track was hundreds of millions dollars and took five to ten years, yes. I guess it is akin to "without copyright, we would get no more blockbuster movies", with the difference that blockbuster movies does not keep people alive. Oh, and patents are for twenty years, not forever minus epsilon.

  39. Re:Innovation by davidshenba · · Score: 1

    To disgrace the people of an entire nation based on evil ideas like patent shows from what background you are from and how civilized you are.

  40. Re:Innovation by sFurbo · · Score: 1

    And only diseases relevant to Americans would get drugs, though I suppose that is fair, given that the Americans would be the ones to pay for it all.

  41. Re:Innovation by TFAFalcon · · Score: 4, Insightful

    Sure, but not the abuses of patents that we see now. If they want a new patent then develop a new drug. Don't just tweak the old one and demand a new monopoly on it.

  42. Re:Innovation by Jah-Wren+Ryel · · Score: 2

    Until we have a better system in place for coming up with the hundreds of millions of dollars it takes to prove the efficacy and safety of a new drug

    That's a recipe for stasis. If the requirement is a "better system" already implemented before we change the current system, then that day will never come. I'm not saying the current system should be totally junked tomorrow, but your requirements are impossibly high.

    --
    When information is power, privacy is freedom.
  43. Re:Innovation by fredprado · · Score: 1, Troll

    Correction: the price of testing drugs is mostly due to the bribes that need to be applied for them to be approved and the patents granted.

    In my opinion drug development is one of the few things that should never be delegated to private companies.

  44. Re:Innovation by jewens · · Score: 3, Interesting

    How about this: Allow anyone to take an existing product (even one that is still under patent protection), make is slightly stronger or last slightly longer and allow them to file for a patent on the new product. The original patent owner would still have their patent but the owner of the improved-product patent is not encumbered in anyway by the still existing patent for the inferior=original patent. If minor changes indeed create a new patentable idea then it shouldn't matter who makes them. This would at least prevent the original patent owner from sitting on improvements until 1-day before his existing patent expires. First-to-file might be good for something after all.

    --
    That group of bovine standing over there appears quite portentous. That's right it's an ominous cow herd.
  45. Re:Innovation by Anonymous Coward · · Score: 3, Interesting

    To hell with safety.

    Allow life-saving drugs to be developed more quickly and cheaply, give them an "experimental" classification complete with a legal waiver. If I'm going to die of cancer in 2-3 years without medicine, do you think I give a shit about "safety"? There's no shortage of volunteers for these kinds of drug trials.

    Now that developing drugs just got cheaper, more pharma startups can enter the market, and the number of years drug patents last for can be reduced.

    Since doing this would benefit everybody except lobbyists, lawyers and politicians, there is of course no chance that it would ever happen.

  46. Re:Legal Gray Market sale of cheaper generics in U by frootcakeuk · · Score: 1

    I actually spit my coffee out at this! Please tell me this was late for April fool, quite possibly the funniest thing I've read this year!!

    --
    Remember kids: What's right isn't as important as what's profitable.
  47. Re:Innovation by sFurbo · · Score: 2

    I have been unclear, then. I merely meant to warn against junking something that works when we don't know what we should put in its place. By all means let's test new systems, I see no reason why several systems for testing drugs couln't run simultaneously, just let's not completely dismantle the current system before we have something else that works.

  48. Re:Legal Gray Market sale of cheaper generics in U by frootcakeuk · · Score: 1

    interestingly, the USA wikipedia uses the British spelling for grey, eh? How hoity-toity!

    Implication that there is a whole different wikipedia site catering for American spelling and grammar. Hilarious in itself.

    Who said that, exactly? Or did you just make that up? I think you did...

    Indirectly, I think they did

    --
    Remember kids: What's right isn't as important as what's profitable.
  49. Ask the right question by Anonymous Coward · · Score: 1

    There are millions who cannot afford the exorbitant prices charged by large pharma companies. It is a fact that they will die or suffer a lot if they dont get these drugs. The right question is whether we want them to die or suffer. Pharma companies need to work out their financial and business plans by taking this question into consideration. They cannot ignore this question because they do not live in a perfect worlds.

    The statement that this will kill innovation is wrong. Irrespective of the supreme court ruling in India...these millions are NOT going to buy the drugs at the exorbitant prices at which these large pharma companies sell simply because they don't have that kind of money. So this ruling does not impact their finance and hence their innovation in any way.

  50. Re:Innovation by Intrepid+imaginaut · · Score: 4, Insightful

    My understanding is that the bulk of the money is spent on marketing and sales.

  51. i can make a living selling stuff. by Anonymous Coward · · Score: 0

    And if I don't make stuff, I don't make money.
    If that stuff is drugs, I can still make money, even if I don't get dibs on the patent for it. How much LESS money would Novartis make if they shut shop? Nil.

    And, given drug companies spend more on marketing than r&d, they can AT LEAST halve their required payments to non-optional buyers.

    1. Re:i can make a living selling stuff. by blackraven14250 · · Score: 1

      Taking a guess, they'd make quite a bit less money. First, they'd have competition within months of introducing the new drugs - that would drive down prices, but Novartis couldn't reduce prices to the same level while remaining profitable because of costs incurred during development. Second, Novartis, and most of the other drug companies everyone knows, aren't specialists in manufacturing. They're specialists in development, which means they'd have to shift their whole organizational structure to become competitive on the manufacturing side or die. Not exactly an ideal scenario for anyone.

  52. Unfortunately... by tanveer1979 · · Score: 1

    In developing countries like India, a lot of people die much earlier due to lack of healthcare. Diseases like malaria, dengue, JE etc., are very common. Parasitic infections are also high on body count. Many for the want of cheap medicine which the developed world can take for granted.

    --
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    1. Re:Unfortunately... by Anonymous Coward · · Score: 0

      I realized that just after having posted... hate when that happens.

      I'm all for giving these treatments to the poor. What use is medicine if it is only used to cure the rich! It's beyond useless and outright evil!

      We all should say a resounding NO to the Big Pharma and Microsofts and Monsantos of this world!

    2. Re:Unfortunately... by khallow · · Score: 1

      I imagine a lot of Indians are already dying of heart disease, cancer, and other developed world illnesses. And those numbers will grow as the diseases and parasites you mention are steadily eradicated.

  53. Good by benjfowler · · Score: 1

    Big Pharma is a gigantic example of market failure. Easiest way to take care of this problem is to create a network of government/nonprofit drug design centres around the world, impose an R&D levy on all medication, and the contract out the manufacturing to the cheapest bidder.

    1. Re:Good by moeinvt · · Score: 1

      "Big Pharma is a gigantic example of market failure."

      As usual, government creates a total mess and "free markets" take the blame. There is no "free market" for pharmaceuticals. There is a hybridized government/corporate cluster****.

      The USA federal government imposes artificial re-importation restrictions on prescription drugs and medical devices. That's why a drug that costs $10 across the border costs 20X as much in the USA. The federal government also forces price controls on drugs being purchased through welfare programs. Therefore, the privately insured (and even worse, the uninsured) get stuck with ridiculously higher prices for the same drugs.

      That is NOT a free market by any stretch of the imagination. In a genuine free market, there would be no artificial trade barriers. Pharmacies would immediately sprout up to profit from any cross-border price disparity. It would also be nearly impossible to create a discriminatory price structure for the same product.

      Government is the failure and asking for more government to "fix" things is insanity.

    2. Re:Good by LeadSongDog · · Score: 1

      As usual, government creates a total mess and "free markets" take the blame. There is no "free market" for pharmaceuticals. There is a hybridized government/corporate cluster****.

      There is however, thanks to anonymous political action committees, a free market for legislators. Strangely, their buyers are not interested in having them put an end to the legislated patent cartel system which lets them patent a new trivially different (or even inferior) version of an old drug, then protect the old one under the new patent. How this can be justified as a bargain in the public interest requires the best spin doctors money can buy. Fortunately for the buyers, they are conveniently already owned and readily available in the legislatures of the world.

      --
      Oh, I'm sorry sir, I thought you were referring to me, Mr. Wensleydale.
  54. Re:Innovation by sFurbo · · Score: 1

    It seems that most of the money the pharmaceutical industry earns goes to marketing, yes. But it still cost a lot to bring a drug to market. It is difficult to estimate how much the average is, but few estimates are under 100 million.

  55. Re:Innovation by tehcyder · · Score: 3, Insightful

    Only a complete fool, April or otherwise, would base anything on imaginary property. There is nothing intellectual about that.

    All property is imaginary. Anything external to you can only be described as belonging to you because of the cultural and legal framework that defines property. Property is a matter of convention, not fact.

    So intellectual property is no more or less foolish than any other kind of property.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  56. Re:Innovation by tehcyder · · Score: 3, Insightful
    The simple and obvious answer is to nationalise the drugs companies, just as water, electricity, internet supply, banks, farms and other similar activities should be nationalised. Companies should not be allowed to make profits out of basic human necessities.

    Capitalism is only good for iPhones or other unnecessary luxuries, since I don't give a toss if Apple can persuade people to spend five hundred quid on a piece of electronic jewellery

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  57. Re:Innovation by tehcyder · · Score: 1

    You do know the R&D stands for research and design.

    Apart from the fact that it stands for research and development, you are quite correct.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  58. Re:Innovation by sFurbo · · Score: 1

    Do you have a citation for that claim?

  59. Re:Innovation by trout007 · · Score: 1

    Here is a perfect system.

    Drug companies would be treated like food and vitamin company. They would need to list the ingredients and amounts in the drug. If what they sold didn't match the label they would be liable for any damages. That's it. Just like peanut butter can be a great cheap source of nutrition for some and a deadly poison for others. As long as the company lets you know there are peanuts in there it's up to you to eat it.

    So no regulations required to prove a drug is safe or effective.

    Get rid of patents. A company will make money by being first to market. Without the regulations and liability they can make much smaller and faster innovations.

    The FDA would act like a consumer advocacy agency. They can fund and run studies and maintain a list in what drugs are good for what and what side effects have been reported. It would be up to the doctor, pharmacist, and ultimately patient to decide what to take.

    --
    I love Jesus, except for his foreign policy.
  60. Re:Innovation by sFurbo · · Score: 4, Insightful

    If you don't mind a lot of people getting hurt because science is hard to understand, and it is hard to understand that it is hard to understand, that system could work. I do care that people get hurt, even if it is by their own lack of insight into science, partly because I know there are areas I do not know enough about to make judgments in, or even to recognize experts. And probably some that I don't know I don't know enough about.

  61. Re:Innovation by oreaq · · Score: 1

    So intellectual property is no more or less foolish than any other kind of property.

    The thing that is owned in "intellectual property" is not well defined. That's a pretty big difference to real property. The concept of intellectual property is not even wrong. Calling each other foolish won't change that.

  62. Re:Innovation by Anonymous Coward · · Score: 0

    You do know the R&D stands for research and design.

    R&D usually means research and development. Even with publicly funded research, there are still millions that need to be spent on developing reliable mass production of the chemical.

  63. Re:Innovation by gtall · · Score: 2

    Lilly estimated it cost them a billion to bring a new drug to market, and that was years ago. I think they were talking about drugs for major diseases. First, they have to find a promising compound, that isn't easy. Most compounds they try are worthless. They get some help from biologicals, but it only the first step. They must figure out how to synthesize it because there are not enough green plants to do the job. There are trials, and your drug can get dinged from any of these. The FDA in the U.S. requires at least a semi-trailer full of documentation on your drug (it is probably more now). And your drug must compete against all the other drugs for the same ailment. And once your drug goes generic, there goes your revenue stream because generic drug companies do not support research.

  64. Re:Innovation by Anonymous Coward · · Score: 0

    They would need to list the ingredients and amounts in the drug. If what they sold didn't match the label they would be liable for any damages. That's it.

    That's completely unhelpful. Drug companies put new drugs through tests to establish information that is useful to doctors when they need to prescribe something to treat a condition. If you take that information base away from doctors, they can not effectively prescribe.

    There is already a problem with missing information (See: Dr. Ben Goldacre for more on this subject), we need to provide more data to doctors, not less.

  65. Re:Innovation by khallow · · Score: 1

    So are you going to link to where this has been genuinely debunked? All I see is a link to your opinion.

  66. Re:Innovation by Anonymous Coward · · Score: 0

    So the solution is to have FDA foot the bill of running all the studies, and hoping that the consumers pay more attention to FDA's info over advertising claims? +1 Funny

  67. Money makes the world go round by Anonymous Coward · · Score: 0

    "\People motivated to find cures (become famous, tenure at a major university..."

    I think you'll find money is the motivation there too. People don't spend a fortune going through Uni to be famous, they do so for money.
    Novartis owns their inventions and controls the spending on which ones, and the rate it pushes each to market.
    Novartis maximizes profits, because that's what companies do.
    The patent system is such that they don't have to compete with themselves, if a research department comes up with a cure for cancer, they don't need to push that to market because it would damage their current product line.
    The fix for that is to force shorter patents, the companies profit margin will be squeeze and it will become like the rest of industry, a competitive treadmill, exactly as markets are supposed to be. Patents currently are way too long and distort that treadmill.

    1. Re:Money makes the world go round by Anonymous Coward · · Score: 0

      I think you'll find money is the motivation there too. People don't spend a fortune going through Uni to be famous, they do so for money.

      Sorry, no. I could be making a hell of a lot more money if I went into business, or as an M.D. specialist doing procedures all day than I do as a researcher. I do it because I enjoy doing science. Most other scientists I kow are the same.

  68. Slashdot upvotes conspiracy theory by Anonymous Coward · · Score: 0

    "and do you really think they are working on a cure when they can rake in thousands of dollars a month from each and every cancer patient??? Yeah right... think again... If they understand the cancer well enough to halt it in it's tracks for 90 to 95% of the patients that are treatable by this drug, and another 90 to 95 of those that take it are alive and in full remission 5+ years later, they certainly know enough to track down a cure if they were so inclined to do so."

    A post has on Slashdot been moderated +5 Informative containing an explicit and unambiguous assertion that the pharmaceutical industry would be able to cure cancer completely if they wanted to do so, but they don't want to do so because they would make less money from it. +5 Informative is the highest score that can be given to a post.

    Democracy has been failing a lot in in the more recent years and I'm not sure what to do about it.

  69. Re:Innovation by Rich0 · · Score: 4, Informative

    Correction: the price of testing drugs is mostly due to the bribes that need to be applied for them to be approved and the patents granted.

    About the closest thing to a bribe you'll see in first-world drug development is the payments to the doctors who participate in the clinical trials. That is actually a considerable part of the trial costs. The payment can't induce them to manipulate the trial results, since the doctors don't have the ability to do this (the trials are double-blind - if they lied and said the patient was doing better than they actually were it would just affect the placebo group as much). However, if you don't throw money at doctors they won't bother to tell their patients about the option of participating in the trial.

    Unfortunately, sometimes the money does cause doctors to enroll patients for whom the trials are inappropriate. Companies actually try to stop this, because it is likely to result in a drug NOT being approved (if you give a pill to somebody who is not expected to benefit from it, you add noise to the data which is already quite noisy).

    So, while lots of money in the pharma industry gets spent on lots of stuff, the fact remains that it does cost hundreds of millions of dollars to test drug candidates, and most of the time the testing demonstrates that the drug is not safe/effective.

    Oh, I'm all for having the NIH competitively do drug development/testing/etc (and making the resulting drugs freely licensable within the US, for use in 3rd world countries, and in 1st world countries that make similar investments and reciprocate). However, I don't think that it will magically make the testing less expensive, unless the whole healthcare system changes so that doctors can be compelled to participate in trials without much additional compensation (that is something that would be more likely to work in a country with nationalized healthcare, though it is worth pointing out that clinical trials tend to happen on a global scale anyway).

    In the drug industry the patent system is in part used to let the high-risk/high-cost of development pay for itself. A tweaked molecule might not be very innovative, but it is just as expensive to test. If rulings like this prevail then you simply won't see tweaked molecules developed using private money, even if the resulting drug is a substantial improvement for patients. Again, there are other ways to fund drug development, but I'd like to see those methods employed and demonstrated as successful before we just pull the plug on the drug industry. There is no reason that publicly funded efforts can't just compete with the private ones - the public drugs would be much cheaper for consumers so they'll have no trouble if the R&D labs manage to come up with the goods. The pharma industry has been laying off so many scientists of late that the NIH shouldn't have trouble hiring some...

  70. Re:Innovation by Jah-Wren+Ryel · · Score: 1

    I don't think that running parallel systems would work so well. The problem with the current system is that it gives patent holders too much control. Given a choice, they aren't going to voluntarily opt for another system that reduces their level of control.

    --
    When information is power, privacy is freedom.
  71. Re:Legal Gray Market sale of cheaper generics in U by lexa1979 · · Score: 1

    USA Wikipedia does exist !! http://simple.wikipedia.org/wiki/Main_Page

  72. Re:Innovation by trout007 · · Score: 2

    The FDA has a budget of around $4B with $2B from fees paid by drug manufacturers.

    --
    I love Jesus, except for his foreign policy.
  73. Re:Innovation by trout007 · · Score: 1

    Of course the drug companies would still do the studies and provide information to the doctors as a marketing tool. But also all of the disease organizations like American Diabetes Association would pay for or run their own studies to help their members decide what works.

    --
    I love Jesus, except for his foreign policy.
  74. Re:Innovation by trout007 · · Score: 1

    There are plenty of supplements, traditional remedies, and herbs that are regulated this way. There is potential for harm and yet somehow people manage.

    --
    I love Jesus, except for his foreign policy.
  75. Re:Innovation by Rich0 · · Score: 3, Insightful

    It depends on how you count failures.

    If you ask me "how much does it cost to find out if this molecule is a good drug?" the answer would probably be around $1M - $100M. Most of the time relatively-inexpensive screening would figure out that it won't work. Other times it would require trials that would be aborted at various points in time, costing up to $100M.

    If you ask me "how much was spent just on testing that one drug that was approved last week?" the answer would probably be around $100M. Successful drugs consume the upper limit of the testing costs since they need to go through the full gamut of testing to be approved.

    If you ask me "what is the total R&D budget of a typical pharma company over 5 years divided by the number of approved drugs they've had in that period of time?" the answer would be in the billions. The reason for this is that most drugs turn out not to work, so before you can spend the $100M on the drug that works you first have to spend $100M on lots of molecules that don't work.

    It really isn't hard to see for yourself. Most drug companies publicize their annual R&D investments (which don't go to stuff like marketing). They certainly publicize drug approvals. Just pick a company and do the math, but makes sure you count actual new drugs, and not just new indications (which are somewhat cheaper to come up with, and certainly lower risk).

    Companies do spend more on marketing than research, but the research costs are still astronomical. There are other models, and I'm all for trying some out, but it would make sense to get a new drug discovery model working before simply dismantling the one we already have.

  76. Re:Innovation by Rich0 · · Score: 2

    It means R&D will be spend on NEW medicine. Much less will be spent on slightly improving existing medicine. You do know the R&D stands for research and design. They would have to do some NEW research.

    Financially it makes much more sense to take your existing product, make it slightly stronger or last slightly longer and file for a new patent and basically double your patent length.

    Yes and no. The patent on the original drug STILL runs out. So, anybody can make the drug that they could have made even if the new drug weren't developed. The only thing that gets patent protection is the tweaked molecule - there is no extension for the original one.

    I think the only thing that should matter to patients is whether the new drug is worth it. If it isn't, then don't buy it - just buy the old drug, which would be unpatented and cheap. If it is worth it, then do buy it. If you allow tweaked molecules to be patented then patients get that choice. If you don't allow those patents, then the tweaked molecule will never be developed in the first place, and patients will have no choice but to take the old drug.

    That's why I don't have a problem with the whole "me too" drug thing even though it seems like everybody hates it. If the "me too" drug wasn't useful nobody would be taking it - the original drug still has its patent expire when it would otherwise expire. I've known people with drug sensitivity issues and having more options available lets them and their doctors find the option that works best for them. Drugs are approved based on the results of the "average patient" but the fact is that no patient is actually an "average patient."

  77. Re:Innovation by Rich0 · · Score: 3, Insightful

    They seem to understand "My right to live trumps your supposed 'right' to make money" pretty damned well, though.

    That's kill the goose that laid the golden gate logic. The new drug wouldn't have been tested if the company had known it couldn't be patented in advance. They would only have had the option of using the old drug - an option they would still have had if they had ruled differently (the patent for new drug A2 does not extend the patent on related drug A1).

    I do agree that the way we fund drug development is highly regressive. I'm all for public R&D going to license-free drugs. However, don't think that it will somehow magically make the drugs cheaper - it will only change who pays for them.

  78. Re:Legal Gray Market sale of cheaper generics in U by hedwards · · Score: 1

    American is probably already a language. It's really a matter of debate as to when exactly to call it a new language. But, it will happen, if it hasn't already. By your reasoning, Dutch and Afrikaans don't exist because they'd both be German.

  79. Re:Legal Gray Market sale of cheaper generics in U by hedwards · · Score: 1

    Considering that American English is the dominant form of English, that's the correct way of doing it. It's more likely for random people to know American English idiosyncrasies than British English ones. And what's more, American English is somewhat easier to learn than British English as we've fixed a lot of the weirdness with British English.

  80. Re:Innovation by EEPROMS · · Score: 1

    accept only 5% of all that money is related to research, the rest is marketing and lawyers and over paid management. Most of the money for drug research comes from the public purse and the average US citizen is getting royally screwed by the drug companies for drug research they paid for already.

  81. Re:Innovation by EEPROMS · · Score: 2

    you do realise drug companies can write of the research and testing period expenditure in many western countries, in many cases the write off exceeds 100% of the investment.

  82. patents by Anonymous Coward · · Score: 0

    Positive paradigm shifts in the corporate world a boon to humanity.
    Positive paradigm shifts in the corporate world positively impacts immensely the quality of both the environment and human life.
    This has been visible in the past four decades at least in two areas mentioned below.
    1] Modern concept of corporate social responsibility either done voluntarily or enforced by the state is a good thing and that is being followed mostly by big MNCs and all other big and responsible business enterprises.
    2] Similarly there is a mounting awareness as well as activist induced concerns towards the welfare of the environment.
    Slowly but steadily on these two areas there have been a marked improvements in the past three decades compared to total lack of concern for such things prior to that.
    In fact in many parts of the world where the government failed it was the responsible and generous sponsorship of corporate houses that have helped many human beings get basic health care, education and other fundamental human needs.
    But having deservingly praised the corporate world for its positive contribution in these areas, there is a major unfulfilled area of concern and if only the collective wisdom of the corporate world can pledge to get the complaints in that area too addressed positively in the interests of human race at large then history will remember such corporate houses and human race would be always grateful for such activities.
    I shall come to what it is but before that I would like to make an appeal that this has to be addressed purely in the interests of human race at large and not commercial considerations or legal rights and wrongs. This can be debated and as history has shown many instances where the common good of human race prevailed over all other considerations be it the consideration of interests of a specific nation or a specific profession or specific ideology etc
    What I am talking about is doing away with Intellectual Property rights and its off springs Patents, Copy Rights, Trade mark, Trade Secrets to name a few.
    Fortunately the UN day of Intellectual Property Rights too falls in the near future on 26th April 2013. So we can start the debate. Please try to go through the entire article for the sake of Humanity.
    If this happens then probably we would be rewriting the history of world economy.
    I am not a lawyer. What I am going to write may sound high flown philosophical and idealistic but practically not viable. However, that does not stop me from putting forth certain questions that have been bothering me for a very long time regarding the very legitimacy of Intellectual Property Rights and its off springs Patents, Copy Rights, Trade mark, Trade Secrets to name a few.
    In evolutionary biology we find that all creations have shed the unnecessary parts or shrunk them for better survival; in evolutionary sociology too human race has shed too many models of social groups and narrowed down on a few that would be easier for global interaction; in languages too, from a few thousands languages that existed humanity has reduced the number to just a few hundred languages. Similarly there is nothing wrong in giving up in the interest of evolution of human race, of course against the interest of a few lawyers who mostly benefit from such laws, we can think of doing away with this whole set of laws connected with Intellectual property.
    What is Intellectual property (IP)? It basically refers to creations of the mind. Who is the owner of anyone’s mind? Mind [ a difficult term to define] like everything else in life is a product of evolution and in its course of evolution it is inevitably interdependent and interacts with all other minds either obviously or otherwise, with itself at varying levels of potency based on different levels of perceiving and performing capacities at different times. Besides whether we believe in it or not, it is always aided by a universal mind which works through every individual mind at various frequencies depending upon various factors like readin

  83. Re:Innovation by Anonymous Coward · · Score: 0

    Drug R&D is so risky. I do favor government on certain things but not drug research. It's a huge endeavor -- to the tune of $1B/drug. http://www.forbes.com/sites/matthewherper/2012/02/10/the-truly-staggering-cost-of-inventing-new-drugs/

  84. Good Journalism by supergator · · Score: 1

    Good to see that the reason is properly highlight, i.e, small modification to original drug did not qualify as a new innovation. There are some news sites i visited, where it is incorrectly implied that the verdict denied patent to a completely new medicine.

  85. End patents and copyrights by roman_mir · · Score: 1

    I am completely against all patents and copyrights.

    However as long as patents and copyrights exist, I am for making everybody as aware of them as possible, so I would be that "hard nosed penny pinching corporate drone" in your estimation then, saying: fuck them, they want to support governments that create the monopolies in the market by issuing patents, then let them suffer the consequences.

    India is doing the right thing in 1 instance, while doing the wrong thing in all the other instances of patents and copyrights, they should completely abolish the idea of government protection to any monopoly, regardless if they are an inventor or copyright holder, it's irrelevant.

    There should be one way in the free market to keep your secrets: keep your secrets. Don't disclose any information about the process, the details of manufacturing, etc., keep your secret that way, not with gov't creating an unnatural advantage by law. Trade secrets and being first to market, that's all you would have in a free market.

    BUT governments also shouldn't be forcing companies to spend extraordinary amounts of money artificially to come to market to comply with nonsensical shit that FDA forces companies to comply with, which only allows the biggest companies to put forward new drugs and procedures because it takes hundreds of millions of dollars and years to comply with all the nonsense (beyond the general testing for harm that could be done by the drugs), I am talking about "evidence of effectiveness".

    One thing is to show that a drug is safe or at least list its side effects, the other thing is to have an expensive and prolonged study of effectiveness, where in reality the market would be doing it much faster and with no expense to the company, but allowing it to bring the medication to the market quickly and much cheaper.

  86. Re:Innovation by foniksonik · · Score: 2

    But if you nationalize so many industries they might not be as profitable and then they couldn't pay as many people high salaries and those people would not have enough disposable income to buy iPhones and data contracts. Please before you make any drastic changes, think of the poor iPhones - they need owners to care for them. Think of the baby iPhones who will never taste the sweet sweet data from the cloud.

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
  87. Re:Innovation by sFurbo · · Score: 1

    accept only 5% of all that money is related to research

    Do you have a citation for that number?

    Most of the money for drug research comes from the public purse and the average US citizen is getting royally screwed by the drug companies for drug research they paid for already.

    I assume you have been misled by the difference between "X looks like a great disease target" and "We now have an FDA-approved drug targeting X", and would like to suggest "In the pipeline" :

    This is going to come across as nastier than I intend it to, but my first response is that the taxpayer's return on this was that they got a new drug where there wasn't one before. And via the NIH-funded discoveries, the taxpayers stimulated Pfizer (and many other companies) to spend huge amounts of money and effort to turn the original discoveries [...] into real therapies. I value knowledge greatly, but no human suffering whatsoever was relieved by the knowledge alone that JAK3 appeared to play a role in inflammation. What was there was the potential to affect the lives of patients, and that potential was realized by Pfizer spending its own money.

  88. Re:Innovation by hrvatska · · Score: 1

    Would new drugs be required to wait for the FDA to complete testing before being released? The FDA has barely enough funding to review studies the pharmaceutical companies produce, where would the extra money come from for it to do testing? If pharmaceutical companies are freed from the need to test would they flood the marketplace with so many new products that the FDA couldn't keep up? If the FDA's testing program can't keep up with the number of new drugs being introduced by drug companies, who sets the priorities of what's to be tested?

  89. Re:Innovation by Rich0 · · Score: 2

    Well, taxpayers are paying the money, just in the form of drug prices.

    Both models have their advantages. I'd like to see some Government drug R&D (end-to-end, royalty-free) if for no reason other than seeing for sure if it works. If you spend a few billion dollars on R&D in a fairly open manner something good is likely to come of it at least in terms of spin-offs, and when you compare that to stuff like bombing Arabs it seems like a decent investment.

    If it doesn't work out then we can stop arguing about getting rid of the Pharma industry. If it does work out, we won't have to get rid of the Pharma industry as it will be obsolete on its own (if the NIH is coming out with 10 cent pills left and right there won't be a market for $5 ones). Most likely we'll find that each model has advantages and disadvantages, and more drugs will be cheap but some will still be expensive. Along the way both the private and public R&D models are likely to improve from the competition. Consumers win.

    What I don't like is the whole "let's just get rid of patents" business. That might be the de facto end result of a government takeover of R&D, but let's start by building the new R&D model before we just sledgehammer the old one. Considering we can't even afford to send a few guys to space any longer it seems like Congress is going to take a while to approve some $100B/yr expansion of federal drug research. Let's start small with some experiments and see how it goes.

  90. Re:Legal Gray Market sale of cheaper generics in U by moeinvt · · Score: 1

    No, of course not. For YOUR safety, the USA federal government MUST make it illegal to re-import prescription drugs and medical devices!

    How anyone can believe that people in Washington DC have a desire to make healthcare "affordable" is beyond me.

  91. Re:Innovation by foniksonik · · Score: 1

    http://taxation.lawyers.com/income-tax/Tax-Deductions-for-Research-and-Experimental-Costs.html

    R&D is a deductible expense when working on a product. Pharma works on products and rarely does any basic research.

    So the costs are already accounted for.

    The trials and testing are not accounted for as deductible expenses however.

    A plan would need to a) make tests tax deductible or b) reduce the costs of testing / quality control.

    I would argue that without accurate trial data to prove that the Pharma product is a viable product it would never go to market and therefore should be considered research on the product, fully deductible. If that is the case then we're all getting screwed twice and something should be done to fix that. If not then making it deductible in a sane way to reduce costs in the market would make sense.

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
  92. Re:Innovation by Anonymous Coward · · Score: 0

    Perhaps. But your right to live does not require me to spend my time (my life) to make your life better, longer, or even possible.

  93. Government should do research by dpak1170 · · Score: 1

    Goverment should do research and make the formula publicly available so no more patents are offered on life saving drugs. --I am not a socialist

  94. Re:Innovation by Beyond_GoodandEvil · · Score: 1, Insightful

    The simple and obvious answer is to nationalise the drugs companies, just as water, electricity, internet supply, banks, farms and other similar activities should be nationalised.
    So how long should this Great Leap Forward take? 5 years?

    --
    I laughed at the weak who considered themselves good because they lacked claws.
  95. Re:Innovation by stdarg · · Score: 2

    You know what's even more simple and obvious -- make everything free, including unnecessary luxuries, and just rely on everyone's good nature to make the system work.

    It's so simple and obvious I can't believe nobody has tried that before.

  96. Re:Innovation by oh_my_080980980 · · Score: 2

    Do you have a citation for that? That patently untrue. The simple fact is drug companies spend more on advertising than on R&D. Once drug companies were allowed to advertise - yes they were prevented from doing so - their marketing budget sky rocketed.

    AND FYI the GAO did a study on patents and pharmaceuticals and found that they did not encourage innovation and break through drugs. Allergy medications seem to be the only "innovative" drugs they are able to make. Patents drove up costs and did not drive innovation.

  97. Re:Innovation by oh_my_080980980 · · Score: 1

    Google it yourself. SEC filings should help.

    You possess very little knowledge on how basic research works. None of these drugs are developed in a vacuum. They are all based on work that has been done before and has been published in journals. Federal tax dollars also go towards drug development. So again, tax payers are paying for alot of this development.

  98. Re:Innovation by oh_my_080980980 · · Score: 1

    Revenue stream? After a 15 year patent? Yeah they're crying all the way to the bank.

  99. Re:Innovation by RougeFemme · · Score: 2

    Agreed, especially the part about the government scientists. If we weren't currently in such a "limit the government" mode, NIH - or some similar entity - could get the ball rolling. Just as DOD and NASA laid the groundwork for some now-commerical enterprises (anything Internet-related, GPS, private space exploration), NIH could do the same for drugs and medical devices. Granted, the government is not always as cost-effective as it should be, but in this case, what would be lost, given how expensive the industry is anyway?

  100. Love the schills for big pharma.... by oh_my_080980980 · · Score: 1

    ...your tax dollars hard at work....

  101. Re:Innovation by RougeFemme · · Score: 1

    I wouldn't nationalize them. But I would have the government kick-start the effort, as they have in other areas (Internet, GPS, space exploration) and then let the "free" market do its thing.

  102. Re:Innovation by bunratty · · Score: 1

    Commie!

    --
    What a fool believes, he sees, no wise man has the power to reason away.
  103. Re:Innovation by RougeFemme · · Score: 1

    For a while, some insurance companies were doing this for big ticket treatments. They would offer financial incentives for patients to go abroad to get treated. I think state lawmakers started restricting that, at the request of citizens of employers. In the anecdotes I read, the patients were going to India. I wouldn't want to have to endure extended travel to return home, especially since, in my view, a lot of the savings would end up going in the insurance executives' pockets.

  104. Re:Innovation by RougeFemme · · Score: 1

    Unfortunately, that's how much of the market is today, anyway.

  105. Re:Innovation by Anonymous Coward · · Score: 0

    Yeah, because that worked so well. USSR was at the forefront of all innovation in medicine... oh, except they weren't.

  106. Re:Innovation by sFurbo · · Score: 1

    What does the amount spend on marketing have to do with the price of testing drugs? I am aware of the fact that they spend a lot on marketing, and that it isn't doing anything good, but I never said anything about their total income, only about the price of testing drugs.

    Do you have a link to the study you mention? I would like to read it.

  107. Re:Innovation by sFurbo · · Score: 1

    None of these drugs are developed in a vacuum. They are all based on work that has been done before and has been published in journals. Federal tax dollars also go towards drug development. So again, tax payers are paying for alot of this development.

    The hard part isn't finding the target, the hard part is making 100.000 molecules that might be useful and test them in vitro, taking the 5.000 that works and testing them in mice, taking the 100 that works and test their toxicity and uptake in healthy humans, taking the 5 that aren't toxic and are taken up on diseased humans, testing the 2 that works in even more diseased humans, and testing the 1 that doesn't have a nasty, but rare side effect in even more humans, finding out it doesn't work as well as the existing drug, dump it all and start over, until one drug comes out.

    By DRE, I would estimate the basic research per drug to cost 10 to 30 millions, going from there to the approved drug costs around 1 billion per approved drug. So yes, tax payers might be paying SEVERAL PERCENT of the research leading to a drug.

  108. Re:Innovation by sFurbo · · Score: 1

    Actually, that isn't fair. Finding the target is hard. Going from there to the approved drug is the EXPENSIVE part.

  109. Big Pharma by Anonymous Coward · · Score: 0

    A blow to Big Pharma. Keep them coming.

  110. Re:Innovation by EvolutionInAction · · Score: 1

    Except that is what they do. The scientists do some base trials so they know they're not giving you something that's stupidly toxic, then they sign up enough people who are similar enough in symptoms that the results can actually be analyzed, then they give them to you and hope you don't die. If the drug is awesomely good, they end the trial early and give it to more people.

    If you just give people drugs randomly, cost doesn't go down. All that happens is that you stop being able to track how effective the drug candidates are, and have lots of people dead from drinking toxic snake oil.

  111. Re:Innovation by MightyMartian · · Score: 1

    This post could very well be called the Sociopath's Creed.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  112. Anything for the common good... by Anonymous Coward · · Score: 0

    needs to be nationalized and subsidized heavily for the greater good of those in need. People need to get to the point where the idea of medicine and profit as bedfellows needs to end. For-profit medicine was and never will be a good idea. The ability (or inability) of someone to pay for their medical needs should not be a factor in the quality of care they receive.

    Things that I feel should be heavily subsidized and/or nationalized for the greater good:

    - Gasoline/diesel
    - All medications
    - All medical treatments

    Pharm companies should be non-profit. Pay their people reasonable base salaries and any money made over gets put into R&D, not bonuses or high salaries. Same for oil companies, hospitals. Too many people in the word are actually overpaid for what they actually do.

    It's time to put people before profit. Want to be a doctor? Do it for love of helping others, not the overpaid income. The government could run the medical schools and the doctors could emerge debt free and work for a single-payer system making a fair wage and everyone gets fair medical treatment at no cost beyond a slight rise in taxes. Even with a high tax, the tax cost to a person is FFFFFAAAAAARRRRR less than that of bankruptcy from treatments they get jammed for under the capitalist medical system.

  113. Re:Innovation by timholman · · Score: 1

    The thing that is owned in "intellectual property" is not well defined. That's a pretty big difference to real property. The concept of intellectual property is not even wrong. Calling each other foolish won't change that.

    The definition of "real" property is not exactly carved in granite, either.

    For example: assume I own a parcel of land. Does that mean I own everything beneath it, all the way down to the center of the earth? Does that mean I own all the airspace above it, all the way to the top of the earth's atmosphere? Clearly no, yet in general I do have the right to prevent someone from flying a remote-controlled drone directly above my rooftop, and I do have the right to prevent companies from extracting minerals below my land without my permission. I do have some rights above and below my parcel of land, but the limits of those rights must be determined by law and by the agreement of society in general.

    And let's take it another step: assume I decide to rent out my property to someone else. He pays me rent, which I use to buy more property, and rent it out to more people. Eventually I am able to sit back and do nothing except collect rent from my property in perpetuity. I can even hire someone to manage my property for me, and do nothing but collect monthly checks and goof off.

    But wait - I am now expecting a perpetual income from my property without working for it, based on my one-time purchase of that property. Clearly, this is a grave injustice against society, or so the "I don't believe in imaginary property" Slashdot meme goes. Yet would those same Slashdotters claim that one does not have to right to rent or lease one's own physical property? The fundamental concept of licensing a patent is exactly the same as that of renting one's land. So why is one bad, but the other okay?

    You want to reject the entire concept of intellectual property because it is not precisely defined, but the ownership of real property is no more precise. The entire concept of "property" is hazy around the edges, because it is a societal construct in every respect. As the parent put it, "all property is imaginary".

  114. Re:Innovation by Rich0 · · Score: 1

    R&D is an expense. If the company buys a new Learjet it is tax-deductible, simply because it is an expense. Companies are taxed on profits.

    I'm not sure how this really matters though. So, maybe R&D is tax-deductible, and maybe it isn't. I don't think a company cares that much whether it can save $100M in taxes before spending $1B in R&D. They care far more if they can charge $5/pill so that they can recoup the expenditure.

    It isn't like making something tax deductible will magically make it economically feasible. If a company donated all of its money to a 501c3 organization it would be completely tax-deductible, and any company that did that would immediately go bankrupt just the same. Companies spend money to make money. Taxes might steer spending a little if a company is faced with similar options (do I build my plant in North Carolina or South Carolina?). They aren't going to cause a company to do something that has no hope of a return...

  115. Re:Innovation by fredprado · · Score: 1

    This kind of High risk, high cost endeavor is better served if sustained by public money and result in public domain results. Making drug development a business was a bad idea in the start and keep getting a worse idea as time goes, especially in our current mixed system, where a lot of public money is injected in the research and the results are still patented to private companies.

  116. I don't understand by Anonymous Coward · · Score: 1

    I don't get it, why isn't the change the only thing being patented? I don't understand how you can re-patent something. "Re-patent" is the issue.
     
    1) Patent something
    2) Patent expires
    3) Make small change
    4) Patent "new drug" (previous drug with small change)
    5) Previous drug should no longer be patented while "new drug" is now patented. Right?
     
    Both the previous drug and the "new drug" should exist as separate things and have different legal protection, shouldn't they?

  117. Re:Innovation by Rich0 · · Score: 1

    Personally I agree.

    However, I'd like to see the NIH funded to do the work and see that process demonstrated as cost-effective/etc before we just kill patents.

    If you kill drug patents then companies will axe their R&D almost overnight. They'll milk their existing product line, maybe diversify into generics or other industries, but you'll quickly find any expert who knows anything about how to drug development dedicated to other tasks or finding new work. That is a LOT of lost knowledge, and a decade from that decision there will be a lot of people not being treated for things that could otherwise be treatable. Sure, we'll save money on pills, but you can save even more money if you just let people die in the streets - saving money isn't the main purpose of a healthcare system.

    I'd rather see the government operate competitively, and let it make industry gradually obsolete if it becomes successful. That keeps scientists working on drugs, and allows a gradual transition. If the libertarians are right and the government can't do anything right, then that will become evident and the superior private industry won't be impacted at all.

    But, I agree, I think that this sort of thing is potentially well-suited to government R&D.

    The one exception would be around high-value products (to the consumer) that are politically vulnerable. Think of Viagra. Could you have seen that getting lots of federal dollars? The advantage of private industry is that it lets the consumer pay for the product if they want to buy it. And, there is no reason that this wouldn't continue in certain niches - we could still keep the patent regime, and competition would naturally limit it to areas that for whatever reason the government underserves. Instead of arguing over whether the world needs Viagra we can let those who want it pay for it, and taxpayers don't have to.

  118. Re:Innovation by Bugler412 · · Score: 3, Insightful

    And the original patent term should be more than adequate for that! Making minor adjustments to an existing patented drug, like "time release" for instance in order to justify a new patent is an old shell game for the drug companies.

  119. Doubt it. by Anonymous Coward · · Score: 0

    "First, they'd have competition within months of introducing the new drugs"

    If it were that easy to make, was it really worth a patent?

    "but Novartis couldn't reduce prices to the same level while remaining profitable because of costs incurred during development"

    So they won't produce Cold Remedy. Cold Remedy Plus. Then Cold Remedy Flu and Colds. Then Cold Remedy Extra Strong. Then...

    This also presumes that only Novartis does R&D. They don't. So Novartis could take someone else's product and sell that and use it to subsidise the R&D that produces cures nobody else has cures for (and makes them a Non-Generic brand).

    "They're specialists in development"

    Of the "lets tweak it a bit" school.

    1. Re:Doubt it. by blackraven14250 · · Score: 1

      Manufacturing something that's already been created is easy, developing it is the hard part. Imagine GM was given all of the engineering specs of a Scion FR-S / Subaru BRZ / Toyota 86 - they could be producing it very quickly, even though it took tons of development over about 5 years to actually create the car.

  120. Re:Innovation by tnk1 · · Score: 1

    MBA 101: Most money is spent on marketing and sales in all companies of any significant size. This is not specific to pharmaceutical companies. Engineering/Research is usually 3rd place.

    There is a reason for this, and that reason is not corruption. Consider some local indie band you have never heard of until years after they got started, despite their quality. They're much, much better the crap on the radio, but their quality has no ability to shine through because there's only so many people who can see them in that dive bar they play in. That's sales and marketing's job, and it costs a lot because there is only so much attention that a person can give to various messages. So, you're always in a arms race.

    And before you think that only the evil private sector indulges in this, many political campaigns are now spending millions and even billions for the same sort of exposure by upping their PR game and even hiring Big Data companies to get them the best results possible.

    That drug you have heard of and you want to be generic? Unless you are tracking medical journals and drug trials, you heard of it because of some pharmaceutical company's sales and marketing efforts.

    Not saying I like that all that money is spent on that sort of thing, but there is a very good reason for it.

  121. British English is most spoken. by Anonymous Coward · · Score: 0

    USA english is the second most spoken version of English.

  122. Re:Innovation by fustakrakich · · Score: 1

    Companies should not be allowed to make profits out of basic human necessities.

    On the contrary, profits in and of themselves are not a problem. Exclusivity is. Companies should not be allowed to monopolize. That is what the government is currently protecting, and that is wrong. However, nothing is going to change while the voters sheepishly vote for mass media spoon fed candidates. So, we're kind of stuck.

    --
    “He’s not deformed, he’s just drunk!”
  123. Re:Innovation by suutar · · Score: 2

    Oh, and patents are for twenty years, not forever minus epsilon.

    And that is in fact a key factor in the ruling: the patent _does_ end in 20 years, rather than 20 + 20 because we used a levorotatory protein + 20 because we added this binding agent that releases more smoothly over time + 20 because we adjusted the gel coating to resist acid better and deliver more of the drug to the intestines + 20 because...

  124. Zero-Sum by NewYork · · Score: 1

    Globalization is zero-sum.
    Hence it's prudent for nations to amend their constitutions/laws/rules/regulations/policies accordingly.

  125. Whew- a good day to misread by bryan1945 · · Score: 1

    I misread the title as "Indian Supreme Court denies Novaris Cancer Drug to Patient." Much better upon reading the TFS.

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
  126. Re:Innovation by Zemran · · Score: 1

    Their health service was far superior to the US health service. Not being exceedingly rich, I would rather have what they have now to what poor people in the US get. The American people just fought really hard to stop the idea of real health care so that a few rich people could maintain their lifestyle.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  127. Re:Innovation by Thoguth · · Score: 1

    However none of this is going to happen until we stop reelecting company politicians who appoint company bureaucrats

    Can you list the company politicians currently in office? Who is the worst? What district? What kind of election opposition do they have?

    We're not going to stop re-electing "company politicians" until it begins to be widespread public knowledge which politicians are the worst offenders, and then the time to get them out of office is the primary. (Amost) nobody votes in congressional primaries, and by so doing we are abdicating our responsibility to get these people out of office.

    A simple high-profile campaign to defeat a "bought and paid for" politician (say, Lamar Smith, author of SOPA?) in the primary--with funding, planning, and Net-wide effort (similar to the level of effort used to defeat SOPA) would signal a tidal change in the forces of politics. It would be like Scott Brown's primary victory was for the Tea Party... lawmakers pay attention to people who can put them out of jobs by way of the primaries.

    --
    The requested URL /iframe/sig.html was not found on this server.
  128. Have to give India credit by WindBourne · · Score: 1

    They steal it out in the open. China does it quietly, and refuses to be open about it. BUT, India lets it be known that they will steal and sell it around the world. At this time, all drugs and chemicals should be stopped from nations like China and India. In both cases, they steal patents and then use the manufacturing to create new companies and lower the prices. Then they can dump on the world market.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  129. Re:Innovation by tristes_tigres · · Score: 0

    That's kill the goose that laid the golden gate logic.

    Bad idea, clearly. Talented engineer geese must be encouraged, not killed.

  130. Re:Innovation by Anonymous Coward · · Score: 0

    About the closest thing to a bribe you'll see in first-world drug development is the payments to the doctors who participate in the clinical trials.

    No, the closest thing to bribery you'll see is lobbying the government.

  131. Re:Innovation by trout007 · · Score: 1

    The drugs wouldn't require the FDA to be released. But I don't think a labeling law would be too intrusive. It would state the current FDA status.

    People and their doctors would determine their own risk.

    I personally don't take any drugs that aren't at least 30 years old. Luckily I'm healthy. If I came down with a rare cancer and traditional methods didn't help who knows what I would try.

    --
    I love Jesus, except for his foreign policy.
  132. Re:Innovation by HornWumpus · · Score: 1

    L. Long (para): You only really own the things you can carry on your back and in your hands at a full run.

    Get a frame backpack with a belly band and a pair of good boots. It will triple the weight of your real property.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  133. Re:Innovation by HornWumpus · · Score: 1

    Haven't you been paying attention. Making expenses deductible is a subside.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  134. Screaming bloody murder is common by Beeftopia · · Score: 1

    It happens with government agencies all the time. Suggest that a cut or perhaps even lack of an increase is coming, and it's OH MY GOD, TOTAL SOCIETAL COLLAPSE.

    It happened with the financial crisis, and it's happening today. Suggest that the financial sector not be backed by the government and it's OH MY GOD, IT'LL COLLAPSE THE ECONOMY.

    Suggest that drug companies do with a bit less profit - at least charge us what they charge abroad and it's OH MY GOD, EVERYONE'S GONNA DIE! LIKE TOMORROW.

    Pretty much any suggestion to any organization that it might get less money and it's TOTAL DISASTER.

    A parlor game could be suggesting to organizational leaders that some rule be changed which would result in less profit. You would win by coming up with the correct PROCLAMATION_OF_IMPENDING_DISASTER they state.

  135. Re:Innovation by Anonymous Coward · · Score: 0

    The fundamental concept of licensing a patent is exactly the same as that of renting one's land. So why is one bad, but the other okay?

    Because they're not really the same. One is real property and the other is, for example, a particular shade of the color blue, or several minutes of silence, or a common phrase like: "everyone is entitled to their own opinion" with a minor modification to change "their own" to "my". For that matter, let's not forget that trademarks are generally counted under the aegis of "intellectual property". Trademarks are not justifiable as property. They're only justifiable as a form of consumer protection.

  136. Straw-man argument: putting words in my mouth! by girlinatrainingbra · · Score: 1

    No, I never indirectly said or implied that. My wording provides the implication (my implication) that wikipedia.org is an American organization situated and hosted in the USA. That is the full reason for my use of the phrase "the USA wikipedia".
    :>)
    You've got to be able to recognize when haters use straw man arguments. First they put words in your mouth in an attempt to make you look foolish for saying something stupid (setting up the straw man). Then they point out how stupid what (they say which) you said really is (pushing the straw man which they had erected down). They do this while hoping that the audience does not notice that you never said what they claim you said (in other words, the straw man argument was actually made by them).
    .
    For an example, see "think of the children" type arguments, when any point of argument is countered with "Oh my god, you want children to be molested by pedophiles!" which uses hyperbole and putting words in your mouth to create a straw man argument.

  137. Re:Innovation by Rich0 · · Score: 1

    Haven't you been paying attention. Making expenses deductible is a subside.

    In the US all expenses by a business are "deductible" already. Corporate taxes are on earnings, which is revenue minus expenses. Anything that costs money reduces your taxes.

    And the subsidy is a minor one. If I spend $1B on R&D I might save $100M in taxes. That might cause you to spend a bit more on R&D, but you aren't going to spend $1B that you don't think will have a return just so that you can save $100M in taxes.