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Pfizer's Patent on Viagra Falls: Supreme Court

Unionist
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Joined: Dec 11 2005


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Unionist
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Joined: Dec 11 2005

The patent had been challenged by Teva, an Israeli-based generics giant. It was due to expire in 2014, but the court found unanimously (7-0) that the original 1998 patent was void:

Quote:

This case turned on whether Pfizer deliberately thwarted Teva's ability to copy the key chemical compound of the drug.

Teva challenged the validity of the Pfizer patent, claiming it did not meet the law's disclosure requirements.

In its original patent application, Pfizer listed a staggering number of chemical compounds, but didn't specify which one actually worked -- sildenafil.

Pfizer obtained the patent in 1998 after applying four years earlier. It was first challenged by the generic drug maker in 2007.

Teva originally questioned Pfizer's patent in Federal Court and the Federal Court of Appeal, but lost at both levels.

 

Source.


Doug Woodard
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Joined: Mar 30 2005

This is about much more than drugs.

The original theory of patents was that in return for a temporary monopoly, giving you a chance to make a profit by innovating and providing a public benefit by your new invention, you would make full disclosure and place your invention in the public domain, affording anyone else the opportunity to make use of it after your period of protection had expired.

In recent decades, patent filers in Canada and elsewhere have been allowed to get away with not making full disclosure, and patents have been grants of temporary monopoly with no return of information to the public; i.e. the corporations have benefited while the public got nothing (painting with a broad brush).

Now the Supreme Court of Canada has said we will return to the original system. Corporate power will in this area be put back into public harness.

It remains to be seen whether other countries like the United States will accept this and follow suit, or whether they will lean on Canada to get back in step. I doubt whether Adam Smith capitalism in one country would be well received internationally. It's going to be interesting.

 

 

 


fixcanada
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Joined: Feb 28 2012

This decision could speed scientific, and technological progress across the board. Or is that overly optimistic?


Sineed
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Joined: Dec 4 2005

I think that's overly optimistic. As it stands, the system rewards "evergreening," where drug companies tweak an existing lucrative molecule to extend their patent monopoly rather than come up with truly innovative treatments to alleviate disease and suffering.

Viagra was truly innovative, but it was originally studied as a cardiovascular drug due to its properties as a vasodilator. The indication for which it is marketed was discovered by accident in the clinical trials, a purely seredipitous side effect.


fixcanada
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Joined: Feb 28 2012

Sineed wrote:

I think that's overly optimistic. As it stands, the system rewards "evergreening," where drug companies tweak an existing lucrative molecule to extend their patent monopoly rather than come up with truly innovative treatments to alleviate disease and suffering.

Viagra was truly innovative, but it was originally studied as a cardiovascular drug due to its properties as a vasodilator. The indication for which it is marketed was discovered by accident in the clinical trials, a purely seredipitous side effect.

Thanks for the info, Sineed. You can learn a lot on this site. I wasn't aware of any of that, so thank you. It's hard not to get discouraged, this all-out pursuit of profit has seeped into every area, every industry, every life it seems. How do you keep from being overly cynical?


Unionist
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Joined: Dec 11 2005

fixcanada wrote:
How do you keep from being overly cynical?

1. Stay active with people wherever you are (work, study, community...).

2. Be a babbler.

3. Support rabble. Every little bit helps!

 


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