Patent-blocking strategies could do more harm than good

The patent-blocking strategies being used by some international advocacy groups to promote access to cheaper drugs in developing nations could end up doing more harm than good, says Adrian Tombling, partner at Withers & Rogers.

While access to cheap drugs is a potentially life-saving issue for developing nations, there is a strong case for encouraging the use of patents rather than trying to block them. Without patents, which allow drug companies to profit commercially from the R&D activity they undertake, research to find new treatments for medical conditions that are prevalent in cash-poor, developing nations could dry up altogether.

Among the patent-blocking strategies that have been attempted are moves to apply pressure to patent courts to reject patent applications by drug companies in order to facilitate a drug’s introduction to the marketplace at a lower price. Such practices could end up being counterproductive, however, by invalidating the patent system and stunting vital drug research programs.