Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Do Pharmaceutical Patents Do More Harm Than Good?

By Ikenna C. Ejimonyeugwo
December 01, 2024


By Ikenna C. Ejimonyeugwo

Pharmaceutical patents are the backbone of the modern pharmaceutical industry. They allow drug developers to possess exclusive rights in their inventions for a limited period of time. That exclusivity drives innovation and is critically important to a pharmaceutical company’s return on investment.
Developing a new drug is risky and costly, with recent estimates ranging from $314 million to $2.8 billion. With so much at stake, it is imperative for pharmaceutical companies to secure patents on their drug products to prevent competitors from copying or selling them without permission. A patent safeguards a company’s goal of recouping substantial costs associated with the research, development, and clinical trials of new drugs.
Despite the obvious benefits of pharmaceutical patents, they are also a source of contentious debate concerning issues of unaffordable drug pricing, accessibility to medication, and unfair competition. Many argue that pharmaceutical patents cause more harm than good. For example, given that a patent effectively grants a monopoly over a drug for the life of the patent, patent owners may charge higher prices to secure higher profit, knowing a competing drug or generic version is unable to enter the market during that time. This can be problematic if it causes life-saving medications to become unaffordable.
This article discusses how a pharmaceutical patent works, its role in drug development, and the polarizing impact it has on global health care.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.