The Promise to the Public: Generic Competition: Submission to the Pharmaceutical Patents Review

Abstract

This submission takes a public policy perspective, focusing on the public return from the patent system through competition based on the new technology after the 20-year patent monopoly period expires. The government has agreed time-limited monopolies to encourage domestic invention (the patent system). At the end of the agreed period, the patented invention should be reproducible by skilled persons without undue experimentation and the new knowledge embodied in the invention should be freely available and useable by all.This submission presents evidence on delays to generic entry in Australia then considers (briefly) the arguments put by big pharma in support of a range of regulatory interventions that contribute to these delays. It then considers the key patent and health policy issues delaying competition. The regulatory environment is then assessed from the perspective of achieving a supportive policy environment for timely entry of competition at the expiry of the agreed patent monopoly period.