[Ip-health] Lengthening Patent Terms by 10 Years is Exactly the Wrong Response to COVID-19 | Electronic Frontier Foundation

Paul Fehlner pfehlner at revisiontx.com
Mon Apr 13 13:01:24 PDT 2020

It’s hard to imagine we need more incentives to address COVID-19. It’s also hard to imagine that any patent, no matter how long its term, limited to COVID-19 therapies will be very important if as some experts suggest the disease runs its crisis course and becomes endemic in 2-3 years. But if this incentive could be transferred to other products, or a product has uses beyond COVID-19, then it’s a boondoggle.

Paul Fehlner
President & CEO
reVision Therapeutics, Inc.
pfehlner at revisiontx.com

> On Apr 9, 2020, at 2:31 PM, James Love <james.love at keionline.org> wrote:
> https://www.eff.org/deeplinks/2020/04/lengthening-patent-terms-10-years-exactly-wrong-response-covid-19
> . . .
> But in the U.S., lobbyists and lawyers for patent owners are pushing our
> government to move in the exact opposite direction. And they may succeed.
> Last week, Sen. Ben Sasse (R-NE) introduced a bill that gives 10 extra
> years of patent rights (on top of the usual 20 years) to any “new or
> existing pharmaceutical, medical device, or other process, machine,
> manufacture, or composition of matter.” The patent rights grab, included in
> a bill that’s ostensibly about limiting medical lawsuits, also applies to
> improvements on existing technology.
> Sasse’s bill does prevent issued patents that relate to COVID-19 from
> taking effect until after the current national emergency declaration ends.
> But that reasonable limitation is coupled with an unnecessary and damaging
> giveaway of 10 extra years of patent exclusivity.
> . . .
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