Healthcare Innovation and Patent Law’s Pharmaceutical Privilege: Is There a Pharmaceutical Privilege? And If So, Should We Remove It?

The document from April 18, 2017, critiques the concept of "pharmaceutical privilege" within patent law, which appears to favor the pharmaceutical industry by allowing patents for minor innovations, potentially extending market exclusivity without significant therapeutic benefits. It discusses the challenges of patenting in healthcare innovation, particularly in the context of personalized and precision medicine, and the implications for public interest, generic drug manufacturers, and healthcare providers. The article highlights legal disputes, such as the one between Sandoz and Pfizer, and the tendency of the patent system to encourage incremental rather than breakthrough innovations. It suggests that the burden of proof should be on the industry to demonstrate the public benefits of such privileges and proposes considering alternative systems to balance public interest with incentives for innovation.