Faculty of Law, McGill University, Montreal, Quebec, Canada.
PLoS Med. 2010 Jan;7(1):e1000208. doi: 10.1371/journal.pmed.1000208. Epub 2010 Jan 5.
Pharmaceutical and medical device manufacturers argue that the current patent system is crucial for stimulating research and development (R&D), leading to new products that improve medical care. The financial return on their investments that is afforded by patent protection, they claim, is an incentive toward innovation and reinvestment into further R&D. But this view has been challenged in recent years. Many commentators argue that patents are stifling biomedical research, for example by preventing researchers from accessing patented materials or methods they need for their studies. Patents have also been blamed for impeding medical care by raising prices of essential medicines, such as antiretroviral drugs, in poor countries. This debate examines whether and how patents are impeding health care and innovation.
制药和医疗器械制造商认为,现行的专利制度对于激励研发、推出改善医疗的新产品至关重要。他们声称,专利保护带来的投资回报是创新的动力,也是进一步研发投资的动力。但近年来,这种观点受到了挑战。许多评论家认为,专利正在扼杀生物医学研究,例如,专利阻止研究人员获取他们研究所需的专利材料或方法。专利还因提高了贫穷国家基本药物(如抗逆转录病毒药物)的价格而阻碍了医疗,这也受到了指责。这场辩论探讨了专利是否以及如何阻碍医疗保健和创新。