Comment Re:The upside and downside? (Score 1) 577
Fine, just for yuks, let's say they get 5 years from the date of FDA approval.
No, I don't think that will be enough to solve this particular problem either.
Personally, I'm not sure which side of this "5 year mark" I fall on, particularly since I think there is a "one size fits all" solution. I think this would (eventually) drastically increase the rate of patent application well past the actual new idea rate simply because everyone would be trying to patent not only the finalized idea, but every incremental step leading up to it. Initially this would be a real problem, but eventually this would be mitigated as all the old processes ran out of their patents. While the courts might find far fewer patent cases (compared to the rate of patent grants, anyway), the patent offices themselves would become overwhelmed in a very big way.
Even giving pharmaceutical companies 5 years from FDA approval would have some serious problems though. Now they're trying to regain $40 Million R&D costs - and make a profit - in just 5 years instead of 15 or 20. So now guess what, it's gonna cost 5 times as much for each pill during that time. And because of this, only those very widespread issues will ever be addressed. If you only have 5 years to regain the costs of developing the cure for some rare debilitating disease or condition, you're not going to assume that all 120,000 victims of said problem will be able to come up with $40 Mil in just a short 5 year period. And don't think for a moment that the insurance companies will always cover it. Not until after that 5 year period, anyway.
There are obvious benefits at the individual level and for society as a whole, but there are some pretty tough problems with this idea too. I firmly believe 5 years is perfectly reasonable in some cases, but would cause more strife in others. And I don't think those lines can be strictly drawn along industry lines either.
Like I said, there is no "one size fits all" solution.