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Essay / Drug Patents - 1902
Why do consumers purchase specific medications for various conditions, illnesses or conditions they may suffer from? Why do doctors prescribe certain medications rather than competing medications that may be available to the public? Why can most of us easily name specific medications for the many ills of today's society? On the surface, the answer could be as simple as a good television or radio commercial or even internet advertisements. The truth is that major pharmaceutical manufacturers own the patents on these drugs, giving them all the marketing budget and leverage they need to promote the drug and control prices. The incentives for big pharmaceutical companies are very enticing, and as a result, they do not hesitate to spend time in clinical trials and patent courts to get their drugs approved. Some will even obtain patents on the process of making the drug, ensuring that no competitor can steal the drug or process. This protects their significant financial investment and almost guarantees a significant return to their investors. Many consumer rights groups say this is just about legalizing monopolies for the biggest manufacturers. A monopoly exists when a specific individual or company has sufficient control over a particular product or service to significantly determine the conditions under which other individuals will have access to it. . A monopoly sells a good for which there is no close substitute. The absence of substitutes makes the demand for the good relatively inelastic, thus allowing monopolies to derive positive profits. It is this monopolization of patents on medicines and processes that arouses the anger of consumer rights defenders. Granting exclusive rights to pharmaceutical companies in the clinical area...... middle of paper ...... also in future research.Works CitedFriedman, Milton. 2002. Capitalism and freedom. Pages 127-128. Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System.” International Institute of Intellectual Property. Pages 1-14. Yu, Winnie and Joel Hay. 1999. “Patents and Drug Prices: Can We Get Better Outcomes?” Measuring the prices of medical treatments. Pages 27-28. Food and Drug Administration. 2004. “Savings from Generic Drugs Purchased at Retail Pharmacies,” http://web.archive.org/web/20080223131005/http://www.fda.gov/cder/consumerinfo/savingsfromgenericdrugs.htm.Meurer, Michael. “Pharmacogenomics, Genetic Testing, and Patent-Based Incentives,” Boston University School of Law. Pages 1-8. Grabowski, Henry and John Vernon. 1986. “Longer Patents for Lower Imitation Barriers: The Drug Act of 1984,” The American Economic Review. Pages 196-198.