High School

At which point during the drug discovery and development process is the patent for a new drug granted and how long does it last in the UK [2 marks]? Explain why an effective patent process is important but why the current UK system has been suggested to contribute to the high cost of new medicines

Answer :

The patent for a new drug is typically granted during the preclinical and clinical development stages. In the UK, a patent is granted by the UK Intellectual Property Office (UKIPO) once the drug meets the criteria for patentability, which include novelty, inventive step, and industrial applicability. The duration of a patent in the UK is generally 20 years from the date of filing.

An effective patent process is crucial in the drug discovery and development process for several reasons. Firstly, it provides a legal framework that allows pharmaceutical companies to protect their investments in research and development. The process encourages innovation by granting exclusive rights to the inventor, enabling them to recoup their investment through sales of the drug. Secondly, patents promote competition among pharmaceutical companies, as they encourage the development of new and improved drugs. This ultimately leads to a broader range of treatment options for patients.

However, the current UK patent system has been suggested to contribute to the high cost of new medicines. The exclusivity granted by patents allows pharmaceutical companies to set high prices for their drugs without facing immediate competition. This lack of competition can result in limited affordability and accessibility of medicines, particularly for patients who rely on expensive medications for chronic or life-threatening conditions.

Furthermore, the lengthy and complex process of patent litigation can delay the entry of generic or biosimilar versions of drugs into the market. This delay in competition can prolong the period during which pharmaceutical companies can charge high prices for their patented drugs. As a result, patients and healthcare systems may face financial burdens and struggle to access affordable treatments.

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