南京华讯报告显示美国专利政策是导致药价高昂的原因之一

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Time of issue:2016-08-29 16:20
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(Summary description)南京华讯报《美国医学协会杂志》本月23日刊载了一项报告，指出美国的专利政策是处方药药价飞涨的原因之一。　　该报告指出美国专利与商标局的对于现存药物的专利审核过于「松懈」，另外还谈到了「有偿延迟」这一鼓励仿制药企达成和解而不是压缩专利药市场独占时间的政策。报告认为这些政策和其他因素一起让药企将药物价格抬高至远超研发开销的程度上。　　南京华讯提出一系列建议，包括除专利申请人能证明新药能够增强疗效，应该

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南京华讯报告显示美国专利政策是导致药价高昂的原因之一

Categories:最新消息
Author:
Origin:
Time of issue:2016-08-29 16:20
Views:

Information

　　南京华讯报《美国医学协会杂志》本月 23 日刊载了一项报告，指出美国的专利政策是处方药药价飞涨的原因之一。

　　该报告指出美国专利与商标局的对于现存药物的专利审核过于「松懈」，另外还谈到了「有偿延迟」这一鼓励仿制药企达成和解而不是压缩专利药市场独占时间的政策。报告认为这些政策和其他因素一起让药企将药物价格抬高至远超研发开销的程度上。

　　南京华讯提出一系列建议，包括除专利申请人能证明新药能够增强疗效，应该禁止只对现有药物进行少许改动的新药注册专利。

　　美国药物研究和生产协会的发言人批评了报告中的这项建议，发言人说渐进式的药物改良能够有包括减轻药物副作用在内的积极作用。

　　该协会的国际交流副主席对彭博 BNA 表示：「这项建议会让制药公司不再愿意将有价值的研发成果投入产品，以改善病人依从度和生活质量。」

　　他补充道对于不那么重大的技术进步施以专利保护，并不会组织医生处方或者病人自己服用仿制药物。

　　报告的作者也建议禁止非现金「有偿延迟」和解，在这种和解中，仿制药企业会同意不对专利药物的专利有效性发起质询。

　　在 Federal Trade Commission v. Actavis Inc. 一案中，最高法院认定基于现金的有偿和解可能会违反反垄断法律，但并没有对非现金的和解表态。

　　报告的作者表示，政府也可以考虑行使 1980 年《拜杜法案》中的介入权，以公共健康利益为由，强制专利企业将专利产品以合理价格授权给其他生产者。

　　该报告基于 2005 至 2016 年间经过同行评议的医疗和卫生政策论文，作者为 Aaron S. Kesselheim, Jerry Avorn 和 Ameet Sarpatwari。三人均在一个名为「监管、健康和法律计划」(PORTAL)的组织工作。Kesselheim 是计划的主观，Avorn 是副主管，Sarpatwari 为助理。

　　报告的结论说：「因为美国专利与商标局宽松的专利政策，很多药物的非治疗性特性也很容易被注册为专利，很多公司以此为战略，将药物的微小改动注册专利，让处方医生和病人从一件产品切换到另一个，并让之前的产品停产。」

　　报告说，2008 至 2015 年间，最常见的专利药物价格增长了 164%，而这期间消费价格指数只上涨了 12%。

　　「药物研发开销和药物价格之间的关系并不大。药物的定价反而和市场承受能力更为相关。」

　　南京华讯报告也认为一些和专利不相关的因素也导致了药价高企，必须 FDA 的仿制药批准延迟，以及医保对降低药价的无力等等。

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Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents. Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities. The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919). The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests. Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents. Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities. The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919). The

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The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.

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Types of patents that are easily overlooked- Design Patent

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Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

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2021-09-09