3.16 Patents are a basis for new medicinal products
During the recent century medicinal products have had an enormous importance to peoples’ health. The average life expectancy has increased by 30 years in Europe, and many diseases that previously were incurable, we are able to cure today. There is still a large unmet need for development of new medicinal products, because several diseases exist which we are not able to cure with present medicinal products. The incidence of the diseases has changed in a way that diseases requiring special treatment exist today that we did not focus on previously.
The patent system is a basis for development of new medical treatments. The patent system stimulates the innovative competition. Within the pharmaceutical industry the patent system contributes to innovation of medicinal products as regards first-in-class, diversified follow-up on existing medicinal products and stepwise improvement of existing products. The patent system encourages to innovation, and then it is the “market” (patients and doctors) who decide which products achieve success.
The patent system stimulates new innovation and is the direct reason to the fact that knowledge on new innovation spreads quickly within the society and among competitors, because applications for patents typically are published 18 months after the time of application.
Patents have an encouraging effect on innovation by securing the possibility for a fair return that balance the financial risks and investments. Research and development of new medicinal products is a very cost-intensive and long process (typically 10-12 years) which also implies significant commercial risks for the companies. The patent is a basis for a successful pharmaceutical industry that through innovations creates value and welfare for the society as well as the patients.
The patent system is developed over a long period of time. The patent system has proven its worth, because it has secured considerable technological improvements. The patent interacts with legislation on competition.
It is possible to improve the patent system as every other system. Effective handling of disputes on patents has a great importance to future innovations and by this also the generation of new improved therapeutic options in the future.
Lif believes:
- that a joint European patent (EU patent) is to be established and a joint EU Court of Patents in order to secure equal and effective access to patent protection in the EU, and secure joint and high standards for the enforcement,
- that patents have an encouraging effect on research and development of new medicinal products which benefit the patient treatment,
- that patents stimulate innovation and result in increased wealth and welfare in society.
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