Monday, March 07, 2005

Next step: Ambulance care provided only if you agree to a new cell phone contract!

At what point is "it cost a lot to make it" going to cease to be an excuse for drug companies to do whatever the hell they want to?

6 comments:

Anonymous said...

Makes sense to me. Last I checked, Pfizer doesn't have near-monopoly status (unlike some software companies I've heard of) Seems to me that they can bundle their drugs as they please. When it will get interesting (and it _will_ get interesting) is when they try to claim patent protection from competitors who offer versions of the drug as a standalone. Got to make those IP lawyers earn their keep!

Nick said...

Yeah, except patents are definitionally temporary monopolies on whatever the patent covers. Patents last for 20 years, and on average it takes 8.5 years for a drug to get to market, which leaves 11 years for a monopoly. During that time, you have no choice but to get the drug with Lipitor whether or not that's a good idea for the individual patient.

Marketing practices are good and all, but it seems like it should be different when you're fucking with people's health. :)

Anonymous said...

Thus my comment about the difficulty they will probably encounter if they try to block standalone drugs using patent protection. I mean, you can patent DVD players but I'm pretty sure you can't patent DVD-playing if the only players you sell come behind the driver's-side headrest of a Benz S-class.

Nick said...

Sure you can. :) If you have a patent on the DVD player, you have a patent on the DVD player. If you're dumb enough to only put it in the back seat of an S-class, well, that's your perogative. Stupid marketing doesn't suddenly allow other people to put DVD players in more sensible places.

Anonymous said...

Again, my point is that, insofar as the DVD player has 300+HP, a 4.3L engine and leather interiors, it is different from the DVD player that is 4 inches tall and sits in my TV stand. They get different patents. If they can convince you that the two products are the same thing, God bless 'em. But I don't know how well that passes the red-face test. Product A, which by definition is an inseparable combination of Products B and C, is different from Products B or C. It may be my inexperience with patent law speaking, but I didn't think the patent applied to theraw ingredients of a product as opposed to the finished product.

Nick said...

Right, but the patent is on just the one drug, not the joint pill. They just choose to distribute it in the form of a joint pill. Nothing says they have to distribute it on its own if they don't want to.