by P. H. Campbell

Created on: March 26, 2008

Inasmuch as the profit motive in the medical field raises the hackles of those who believe it should be motivated purely by altruism - especially in times of emergency as would be the case in an epidemic - a patent protects not only the intellectual rights of a product, but the investment in creating that product or process. Vaccinations are not developed for free. As is evidenced by the recent cessation of two promising AIDS vaccine trials due to an increased risk of acquiring the disease if 'vaccinated', there is a lengthy and expensive process needed to get a product from the idea stage to the market. Not all products (medications, vaccines, etc.) intended for human use make it through this process. The time, effort and investment in that line is wasted, but something can be gleaned from that waste in the form of proprietary processes that are, in fact, unique and patentable. Drug industry statistics report it takes anywhere from three to ten years to get a drug from idea to market. Three to ten years during which that drug, medication, vaccine, etc. is not earning an income through sales or use.

Nor are these medicines developed in isolation. The processes for creating a Bird Flu vaccine for example are basically the same as for producing any vaccine involving a viral vector - the regular flu, viral meningitis, Ebola, etc. Many rival companies are attempting to develop vaccines and medications for similar problems, creating a rivalry which, once the medicine IS taken to market, may turn out to be less effective than a competitor's similar drug. Further, once a medication is released for public use, other effects not seen or documented in the trial phase can result in a recall, limiting sales and earnings. Patents, either for processes or for the drugs themselves, ensure that a medication can be made at least somewhat profitable even if the drug itself is never approved for public use.

But to just give up the patents on developing a vaccine, even one as needed as one in a pandemic (such as the much-touted but yet to materialize H5N1 'Bird Flu') means a company gives up all rights to recouping any and all investment made in creating that process. While few drug companies are in danger of insolvency, patents ensure that a drug company retains the RIGHT to license that process. It doesn't necessarily mean they're going to withhold it until their price is met. In fact, doing so could cause a huge reversal in the company's fortunes through bad publicity or the

• 1
• 2
• 3
• Next Page >>