Australia is making it harder to protect inventions, says PhRMA

Bringing a single new medicine to market requires substantial resources over many years. To ensure continued investment in the development of tomorrow’s breakthrough treatments and cures, innovators must be able to protect and enforce patents and other intellectual property, says Jay Taylor of Pharmaceutical and Research Manufacturers of America (PhRMA).

Patents provide temporary protection for new inventions, but it’s up to innovators to enforce those protections. When enforcement is necessary, it’s critical that patent-holders are able to ask the court for a temporary injunction—an important safeguard that prohibits potentially infringing products from entering the market until the dispute has been resolved.

Unfortunately, Australia is discouraging inventors from seeking injunctions to stop products that may violate a patent from entering the market. They are making it harder for American biopharmaceutical innovators to fight patent infringement. Specifically, the Australian government is seeking “market-size damages” from inventors that unsuccessfully seek to enforce their patents in court. If a court rules a patent is invalid or not infringed, the inventor must not only compensate its rival for lost sales, but also pay the government the difference in price between a patented medicine and its generic counterpart during the period of a preliminary injunction. The government’s share can amount to a significant financial penalty, which could cost an inventor even more than the total expected return of the patented medicine.