A new idea for old drugs

How do you know when a drug will go generic? There’s no definitive database of patent life spans, and, thanks to the pharma industry’s litigious nature, patent expiration doesn’t necessarily mean competition is on the way.

That’s why the drug industry needs a Public Domain Day, according to Peter Kolchinsky and Jessica Sagers of RA Capital.

In literature, that’s a holiday that celebrates the end of copyright protection for storied works, ushering in free use that makes for cheaper books and broader access. By bringing the same concept to off-patent drugs, “the public might not only show innovators that they are appreciated but also apply some healthy social pressure to let them go generic with grace, instead of tying up patent expirations in complicated legislative battles that delay the entry of generics,” according to Kolchinsky and Sagers.

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