----- Original Message ----- 
From: "Deborah Harrell" <[EMAIL PROTECTED]>
To: "Killer Bs Discussion" <[email protected]>
Sent: Thursday, September 22, 2005 4:38 PM
Subject: Re: Sources of Drug Innovation - a tiny snippet



> WRT patents, since the gov't isn't in the drug
> production business, I would not expect it to hold any
> at all (except for maybe vaccines, and *of course*
> those drugs that create SuperSoldiers from ordinary
> folk <grin>).

Why not?  Drug patents are applied for very early in the process.  If
someone hasn't applied for a patent on a potential drug when it is first
conceived, then there is absolutely no protection until the patent is
applied for.  Indeed, if company A waits until the early trials are
successful to patent (say 3 years into the development), then company B
could patent the drug and leave company A holding the bag.  So, if the
government finds a drug that just needs to go through the development
cycle, it could patent it, license a private company for development, and
split the profits.

For a truly innovative drug, the time from conception and patent
application to first sales is typically about 10 years or so.  That leaves
10 years on patent before generics can compete.  A knock off drug, say the
second satin drug, could probably go from first conception/patent to sales
in less time, say 2 years less.  But, one would expect the decision to
knock off to not take place immediately; but after the first successful
commercial trials.

So, we could get the following: a truly innovative drug is patented in 2000
by company A.  By 2004, the first trials look good and company B decides to
do a knock off.  By 2005, they get their patent.  In 2010, company A gets
approval and has a monopoly.  In 2013, company B gets it's patent, and the
monopoly is gone.  They compete, possibly with other companies coming in,
until 2020, when the first drug goes off patent.

Company A has spent a lot more money than company B: say 800 million vs.
400 million as a reasonable guess.  But, it is in a better position, with a
monopoly for 3 years and competition with a patented drug for 7, vs.
competition with a patented drug for 7 and competition with generics for 5.
The only way to successfully compete against generics is to be
substantially better than them.  When someone thinks about paying 10x more
for the patented drug, they ask "how much better is it?"

>From what I've been told, this has happened with satins.  Lipotor works
much better than the original satin, so it has high sales, even though the
first satin is generic.  Another knock off, I've learned, was developed at
the same time.  Very late in trials it was found to have a high rate of
fatal complications, and it was pulled off the market.

Again, from what I've understand, only minor tweaks separated the original
drug and the two knock-offs.  The tweaks were enough to have tremendous
impact on the usefulness of the drug.  The original satin made a profit,
Lipitor is a multi-billion dollar profit machine, and the third drug has to
be written off as a hundreds of million dollar mistake.

During my research, I found out that drug R&D is in a more primitive state
than I thought.  The programs I had talked about turned out to be a
multi-billion investment with no real return. It still seems to be a matter
of throwing molecules against a wall and seeing what sticks.

In that environment, and with small changes in a drug often effecting
massive changes in the results, the reasonable MO is to patent every
chemical that you think might work, and proceed to go through initial
tests until a candidate for development is found.

In this cost environment, it is easy to see why antibiotics are not high on
the list for new drug development.  Hundreds of millions of dollars are
invested in a drug, which might never see commercialization.  Clearly, the
further one goes in tests, the more promising a drug is seen to be, but a
200 million gamble on a chance in 4 to chance in 5 drug seems not atypical.
Unless a new antibiotic generates billions in income, the economics now
disfavor investments in such a drug.

In such an environment, we may need to turn to the government for
development.  But, this will be much less cost effective, even if we
consider advertising and high profits as part of the cost of private
development.  I'd be interested in a thread that discusses why this occurs,
but for now I'll just state it as a well verified empirical hypothesis.

Dan M.

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