Study: Misuse Of Patent System Affecting Health System In Australia

Research from the University of Melbourne has found that patents may be keeping pharmaceuticals expensive in Australia, but said that most of the patents are being taken out by companies that are not the originators of the drugs.

The study attempts to counter concern that pharmaceutical companies are inappropriately extending their monopoly position by “evergreening” blockbuster drugs, in a misuse of the patent system. The study claims to have studied 15 of the costliest drugs in Australia over the last 20 years. They found an average of nearly 50 patents per drug, and three-quarters of these owned by companies other than the originators.

“The 15 drugs in our study cost the country more than $17 billion over two decades. There are suspicions that abusive patenting by the big pharmaceutical companies is keeping that cost high. Our research shows that patenting by generic manufacturers and other players may be just as important.”

According to the study, the research was funded by the Australian Research Council, as “Discovery Project DP0987570, Chief Investigators: AF Christie, DM Studdert, P McIntyre, C Dent. The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.” [corrected]

The study is available here.