ArticlePDF Available

What Are The Respective Roles Of The Public And Private Sectors In Pharmaceutical Innovation?

Authors:

Abstract

What are the respective roles of the public and private sectors in drug development? This question is at the heart of some policy proposals, such as those that would give the government a share of profits from drugs at least partly developed with federal research dollars. This paper provides empirical data on these issues, using information included in the patents on drugs approved between 1988 and 2005. Overall, we find that direct government funding is more important in the development of "priority-review" drugs-sometimes described as the most innovative new drugs-than it is for "standard-review" drugs. Government funding has played an indirect role-for example, by funding basic underlying research that is built on in the drug discovery process-in almost half of the drugs approved and in almost two-thirds of priority-review drugs. Our analyses should help inform thinking about the returns on public research funding-a topic of long-standing interest to economists, policy makers, and health advocates.
At the Intersection of Health, Health Care and Policy
doi: 10.1377/hlthaff.2009.0917
30, no.2 (2011):332-339Health Affairs
Pharmaceutical Innovation?
What Are The Respective Roles Of The Public And Private Sectors In
Bhaven N. Sampat and Frank R. Lichtenberg
Cite this article as:
http://content.healthaffairs.org/content/30/2/332
available at:
The online version of this article, along with updated information and services, is
Permissions :
For Reprints, Links & http://content.healthaffairs.org/1340_reprints.php
Email Alertings : http://content.healthaffairs.org/subscriptions/etoc.dtl
To Subscribe : https://fulfillment.healthaffairs.org
without prior written permission from the Publisher. All rights reserved.
or mechanical, including photocopying or by information storage or retrieval systems,
may be reproduced, displayed, or transmitted in any form or by any means, electronic
States copyright law (Title 17, U.S. Code), no part of
by Project HOPE - The People-to-People Health Foundation. As provided by United
Suite 600, Bethesda, MD 20814-6133. Copyright ©
is published monthly by Project HOPE at 7500 Old Georgetown Road,Health Affairs
Not for commercial use or unauthorized distribution
on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from
By Bhaven N. Sampat and Frank R. Lichtenberg
What Are The Respective Roles
Of The Public And Private Sectors
In Pharmaceutical Innovation?
ABSTRACT
What are the respective roles of the public and private sectors
in drug development? This question is at the heart of some policy
proposals, such as those that would give the government a share of
profits from drugs at least partly developed with federal research dollars.
This paper provides empirical data on these issues, using information
included in the patents on drugs approved between 1988 and 2005.
Overall, we find that direct government funding is more important in the
development of priority-reviewdrugssometimes described as the most
innovative new drugsthan it is for standard-reviewdrugs. Government
funding has played an indirect rolefor example, by funding basic
underlying research that is built on in the drug discovery processin
almost half of the drugs approved and in almost two-thirds of priority-
review drugs. Our analyses should help inform thinking about the
returns on public research fundinga topic of long-standing interest to
economists, policy makers, and health advocates.
The US public and private sectors are
both involved in producing innova-
tive drug products. Although indus-
try supplies the bulk of the funds
devoted to research and develop-
ment, the public sectorprimarily the National
Institutes of Health (NIH)supports most of the
nations basic biomedical research.1,2
The question of what roles the different sectors
play has recently become central to discussions
of pharmaceutical policy. Several recent books
and articles argue that the public sector is the
main source of innovative drugs.35The issue has
been the subject of congressional debate and
even made an appearance as a talking point dur-
ing the 2008 presidential campaign, when then-
candidate Hillary Clinton argued that various
proposals for regulating drug prices were rea-
sonable because ultimately, the American tax
payer pays for the development of a lot of these
drugs through NIH grants and other kinds of
research grants.6
Background
Recoupment Of Royalties And March-In
Rights The belief that the public sector is respon-
sible for a large share of drug development has
fueled proposals to recoup profits from gov-
ernment-funded drugsthat is, to return to
government coffers a share of the profits from
drugs that have government-owned patents, or
from drugs developed under federally funded
research and development. Provisions to allow
the government to recoup profits from patented
drugs that are at least partly developed under
federally funded research and development were
considered in, but ultimately removed from, the
legislation governing public-sector patenting
known as the Bayh-Dole Act of 1980.7
But the idea has resurfaced periodically since
then, including in proposals in 2001 from Sen.
Ron Wyden (D-OR) and in 2003 from then-Rep.
Rahm Emanuel (D-IL).8And the director of the
NIH, Francis Collins, recently suggested explor-
ing licensing agreements that include payback
doi: 10.1377/hlthaff.2009.0917
HEALTH AFFAIRS 30,
NO. 2 (2011): 332339
©2011 Project HOPE
The People-to-People Health
Foundation, Inc.
Bhaven N. Sampat (bns3@
columbia.edu) is an assistant
professor in the Department
of Health Policy and
Management, Mailman School
of Public Health, Columbia
University, in New York City.
Frank R. Lichtenberg is the
Courtney C. Brown Professor
of Business at the Columbia
University Graduate School of
Business.
332 Health Affairs February 2011 30:2
Policy
&
Pharmaceuticals
on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from
terms for drugs that are developed based on NIH
technologies. Should these patented products
make any money, these arrangements would
steer a share of royalties back to the government
to help fund future research.9Congress has also
noted the public interest in securing an appro-
priate returnon NIH-funded drugs, in light of
the mounting concern over the cost to patients
of therapeutic drugs.10
In addition to proposing recoupment of roy-
alties, some advocates have urged the public sec-
tor to exercise its march-inrights to reduce
drug prices, which, they argue, would also ex-
pand access to medicines. The Bayh-Dole Act
established the governmentsmarch-inright,
saying, in part, that a government funding
agency can ignore the exclusivity of a drug patent
awarded under the terms of the act and grant
additional licenses to produce the drug if certain
criteria are met.
One of those criteria is the failure of the entity
that receives the patent to satisfy what section
203 of the act calls the health and safety needs
of consumers. Thus, scholars have urged the NIH
to use this march-inauthority to ensure that
generic versions of drugs are available when pa-
tented versions are not being sold at reasonable
prices.11 Health advocacy groups have filed peti-
tions requesting the NIH to do so for a number of
important drugs.12 To date, the NIH has not
granted any of these requests.
The basic argument for recoupment is that
private firms should not receive the bulk of the
profits from drugs that resulted in significant
part from public funding. Similarly, the logic
behind using the march-in authority is that tax-
payers should not have to pay twice for publicly
funded researchonce through taxes, and once
through monopoly prices or restricted access
to drugs.
Previous academic researchincluding case
studies,13 surveys,14,15 and bibliometric analy-
ses16which combine analyses of contents and
citationsprovide support for these arguments.
The results show that public-sector research has
an important impact on drug development.
Government reports also indicate that the public
sector has played a role in the development of
particular drugs.17 Other analyses relate varia-
tions in public-sector funding across classes of
drugs to patterns of Food and Drug Admin-
istration (FDA) approval of new drugs, with
medicines more likely to be approved if the
government supported their development.2,18
These previous studies generally focused on
the overall role of public-sector funding in drug
development, including both direct and indirect
influences.
Intellectual Property Rights For recoup-
ment and march-in proposals to be feasible, the
government must have intellectual property
rightsa form of ownershipto a drug. There
are two ways for this to happen.
The first is that the government agency in-
volvedtypically the NIHholds the patent.
This has happened on a few occasions, when
research conducted at the NIH has produced a
marketable drug. A second, more common sce-
nario is when the government funds external
researchersusually at a nonprofit research
organization, such as a universityand the pat-
ent on the resulting invention acknowledges
government support in what is called a
government interest statement.19
Government ownership of patents occurs
when the government directly supports the re-
search underlying these patents. Public-sector
research can also have important indirect effects
on drug development, including the creation of
research tools used in drug development and the
production of biological knowledge that helps
guide research toward productive pathways.
Even industry representatives agree with the
widely held belief that such informational results
of basic research are important for drug devel-
opment.20
Scope Of Paper In this paper we provide new
data to assist policy makers who are considering
expanding recoupment or march-in measures.
Our analyses also should help inform thinking
about the returns on public research fundinga
topic of long-standing interest to economists,
policy makers, and health advocates. How large
is the governments direct impact on, and thus
the scope for, the recoupment and march-in pol-
icies discussed above? How does this direct im-
pact compare in magnitude to the governments
indirect impact? What roles do the public and
private sectors play in pharmaceutical innova-
tion? We examine these questions below, linking
data on drug approval, patents, and consumers
drug spending to information on publications
and patents emanating from public-sector re-
search.
Study Data And Methods
Drug Data Our analysis brings together a range
of publicly available data from such federal agen-
cies as the Patent and Trademark Office,21 the
National Library of Medicine,22 the FDA,23,24
and the Agency for Healthcare Research and
Quality (AHRQ).25
We started with all new drugsin FDA par-
lance, new molecular entities (NMEs)ap-
proved between 1988 and 2005, using data from
the Drugs@FDA database.23 This resulted in a
sample of 478 newly approved drugs. We col-
February 2011 30:2 Health Affairs 333
on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from
lected patent information for these drugs using
information from the FDAsOrange Book,24 in-
cluding hand-coded data from hard-copy ver-
sions of the book from 1988 to 2001 and infor-
mation from electronic versions thereafter.
Focusing on new drug applications allowed us
to capture most drugs approved over this period.
To our knowledge, ours is the most comprehen-
sive study to date of the public sectors role in
pharmaceutical innovation. However, the sam-
ple did exclude some large-molecule (biotech-
nology) drugs, for reasons we discuss below.
To examine potential differential roles of pub-
lic-sector patents across different types of drugs,
we also determined whether each of the new
drugs was given priority review”—which means
that the review takes less timeby the FDA. Pri-
ority review is given to drugs that offer major
advances in treatment, or provide a treatment
where no adequate therapy exists.26 One exam-
ple is imatinib (marketed as Gleevec), a cancer-
fighting drug, which was granted priority review
in 2002 to treat a form of leukemia. Experts such
as Michie Hunt have argued that priority-review
drugs represent higher levels of innovativeness
than other drugs.27
We also collected information on sales of the
drugs in 2006, using information from the Pre-
scribed Medicines File of the Medical Expendi-
ture Panel Survey (MEPS).25
Finally, because the policy discussion about
the roles of the public and private sectors in
pharmaceutical innovation has received special
attention in the context of HIV/AIDS drugs,28 we
flagged these drugs for separate analyses, using
information from the FDA to identify them.29
Of the 478 drugs in our sample, 379 were
covered by at least one patent.30 These 379 drugs
had 1,073 distinct patents associated with them.
Because our measures of public-sector influence
were based on information in the patents asso-
ciated with drugs, we focused our analyses on
these 379 drugs. For each of the patents on these
drugs, we collected information about the pri-
mary holder of the patent; information con-
tained in the government interest statements,
discussed in the following paragraph; and all
citations in these patents to previous patents
and scientific publications.
Indicators Of Public-Sector Involvement
We defined as public-sector patents all of those
that were assigned to a government agency
(which generally resulted from research con-
ducted inside that agency) and all of those with
government interest statements (most of which
came from academic laboratories that had re-
ceived government funding, generally through
extramural research grants). The recipients of
federal research grants are required to acknowl-
edge government funding in their patent appli-
cations. These public-sector patents are the tar-
get of the recoupment and march-in strategies
discussed above.
We used citation data in the patents associated
with approved drugs as a proxy for the indirect
impact of public-sector funding. Patent appli-
cants are required to disclose any previous pat-
ents and publications that are related to their
research. At least in theory, failure to do so
can result in strong penalties for the applicant
and his or her attorney, and invalidation of the
patent.31
A number of previous studies have used cita-
tion data to measure intellectual influence or
knowledge flows between public- and private-
sector researchers.16,32,33 We discuss our citation
data in detail in the Appendix.34
Li mi tati on s
SAMPL ING FRAME
:Our reliance on drugs
with patent data in the Orange Book24 potentially
excluded some biotechnology drugs. Many of
these drugs receive biological licenses rather
than patents, so they are not subject to Orange
Book listing requirements.
To examine the extent of this underrepresen-
tation, we consulted a list of biotechnology drugs
approved between 1982 and 2005.35 Overall,
57 percent of the drugs on that list were the
subject of patents and thus would be included
in our sample. Biotechnology drugs are generally
believed to be more influenced by public-sector
research than traditional pharmaceuticals are.36
Thus, any exclusion of these drugs probably
understates the importance of the public sector.
Although we dont have data for the entire
period, in 200405the last two years covered
by our datathe FDA approved seven biological
licenses, compared to forty-nine licenses for new
molecular entities.
PATENT CITATION DATA
:Our assessment of
the governments indirect role in pharmaceuti-
cal innovation relies on patent citation data.
Although citation analyses have long been used
in policy and academic research, recently econ-
The indirect influence
of the public sector on
drug development was
much larger than the
direct effect.
Policy
&
Pharmaceuticals
334 Health Affairs February 2011 30:2
on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from
omists have expressed two concerns: that not all
citations represent real knowledge flows,37 in
which case we would be overstating the indirect
public-sector role; and that not all real knowl-
edge flows are represented in citations,38 in
which case we would be understating it.
Strategic citationthat is, deliberately not cit-
ing prior art,or all public information relevant
to a patents claim of originalityis a particular
concern. Although strategic citation appears to
be less prevalent in drug research and develop-
ment than in other fieldssuch as information
technology31,39this practice could also under-
state the magnitude of the governments indirect
effect.
ACKNOWLEDGMENTS DATA
:Grantees
obtaining patents based on government funding
are required to acknowledge this support in the
government interest statement. This is the infor-
mation we used to identify patented drugs in
whose development the public sector had a direct
role. However, the Government Accountability
Office40 and others, including Peter Arno and
Michael Davis,11 suggest that many grantees do
not comply with this requirement, which would
mean that we underestimated the direct effect.
We attempted to address this issue though sup-
plementary analyses relying on another ap-
proach to identify public-sector patents.
Study Results
Drugs With Public-Sector Influence Exhibit 1
shows the different types of public-sector influ-
ence on the drugs in our sample. The drugs that
received a public-sector patent (34 out of 379)
are the ones in which the government could theo-
retically exercise march-in authority or use a re-
coupment policy.
The data reveal striking differences between
priority-review drugs and standard-review drugs
in terms of the proportion receiving a public-
sector patent. This direct government role is
much more pronounced for the most innovative
drugsthose receiving priority review.17
The data also show that the indirect impact of
government funding is much larger than the di-
rect effect. Although fewer than 10 percent of
drugs had a public-sector patent, far larger pro-
portions of drugs had patents that cited a public-
sector patent, a government publication, or
both. In all cases, the public-sector influence
was much greater on priority-review drugs than
on those receiving a standard review.41
The indirect public-sector effect also domi-
nated the direct effort when we examined the
sales of the drugs, as reported in MEPS.25 The
478 drugs in our sample were associated with
$132.7 billion in prescription drug sales in
2006. Drugs with public-sector patents ac-
counted for 2.5 percent of these sales, while
drugs whose applications cited federally funded
research and development or government pub-
lications accounted for 27 percent (data
not shown).
Exhibit 2 shows that the difference between
standard-review and priority-review drugs is not
limited to the proportion with public-sector pat-
ents. In their patents, priority-review drugs on
average cited more public-sector patents and
government publications.
DrugsForHIVAndOtherConditionsThe
nineteen HIV/AIDS drugs we studied were ex-
ceptional in terms of all our indicators of direct
or indirect government influence (Exhibit 3).
Nearly a third of these drugs had a public-sector
patent, and close to 95 percent cited gov-
ernment-funded research.
Robustness Of Analysis Above we noted
concerns about the possibility of serious under-
disclosure of government interests in patents.
Because our main indicator of government pat-
ent ownership relies on this information, under-
disclosure could affect our results. However, pre-
vious analyses of academic patentspatents
held by a US college, university, medical school,
Exhibit 1
New Drugs Approved By The Food And Drug Administration, 19882005, With Direct Or Indirect Public-Sector Support
Standard-review
drugs
Priority-review
drugs All drugs
Number of drugs 224 155 379
Had public-sector patent 3.1% 17.4% 9.0%
Patent cited at least one public-sector patent 15.6% 39.4% 25.3%
Patent cited at least one government publication 31.3% 56.1% 41.4%
Patent cited either a public-sector patent or a
government publication 36.2% 64.5% 47.8%
SOURCE Authorsanalyses of data from Notes 2124 in text. NOTE Government publicationmeans an article in PubMed
acknowledging support from a US government agency (see Note 21 in text).
February 2011 30:2 Health Affairs 335
on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from
or funding agency, such as the NIH42show lev-
els and patterns of public-sector influence on
drug development similar to those we found.43
To test the robustness of our results, we also
used academic patentswhich would be unaf-
fected by underreporting in government interest
statementsas an indicator of public-sector in-
fluence on our sample of drugs. We found that
12.7 percent of approved drugs had an academic
patent, including 5.8 percent of standard-review
drugs and 22.6 percent of priority-review
drugs.44 Drugs with academic patents accounted
for $3.9 billion of sales reported in MEPS in
2006.25 Here again, the indirect effect was much
larger than the direct effect, with 23.7 percent of
standard-review drugs, 45.8 percent of priority-
review drugs, and 32.7 percent of all new drugs
citing an academic patent.
Discussion
Policy Implications Previous research sug-
gests that the public sector plays an important
role in pharmaceutical innovation. However,
this scholarshipwith some exceptions11,15
has not generally drawn much of a distinction
between direct versus indirect roles. Using pat-
ent and bibliometric data, we found that the
indirect influence of the public sector on drug
development was much larger than the direct
effect. Both effects were much greater for prior-
ity-review than for standard-review drugs.
This analysis underscores why it is important
to distinguish between the direct and indirect
roles of government funding in pharmaceutical
innovation. For example, policies such as re-
coupment and march-in would apply only to
drugs in whose development the government
had played a direct role.
At least for the drugs in our sample, our esti-
mates suggest that this direct role was relatively
small, and the aggregate economic impact of
such policies would therefore be limited. To be
sure, there could be other arguments for these
policies beyond their economic impact. For ex-
ample, policy makers might want to curb the use
of patents to restrict patientsaccess to medi-
cines developed through taxpayer rather than
private-sector funding no matter how rare that
use is. These are, ultimately, ethical issues.
Finally, our analyses suggest the need to be
careful in generalizing from one drug class to
another. Our data suggest that the class of drugs
for HIV/AIDS is an outlier: Both the direct and
the indirect roles of the public sector were more
pronounced for this class than for others.45 This
may reflect the success of advocates for people
with HIV/AIDS in lobbying for NIH funding for
both basic and clinical research on HIV and
AIDS, and also in stimulating FDA approval of
drugs for HIV/AIDS.46
Exhibit 2
Drugs Whose Patents Cited Other Patents Or Publications Receiving Public Funds
Standard-review
drugs
Priority-review
drugs
Average number of patents cited 33.4 27.1
Average number of public-sector patents cited 1.4 2.5
Average percent of public-sector patents cited 2.6% 9.6%
Average number of publications cited 13.9 21.8
Average number of government publications cited 2.8 6.8
Average percent of government publications cited 19.0% 30.7%
SOURCE Authorsanalyses of data from Notes Notes 2124 in text. NOTES Government publicationmeans an article in PubMed
acknowledging support from a US government agency (see Note 21 in text). Average percent of public-sector patents cited was
computed for drugs whose patents cited at least one other patent. Average percent of government publications cited was
computed for drugs whose patents cited at least one publication.
Exhibit 3
Public-Sector Influence On HIV/AIDS Drugs Versus Other Drugs
Percent of publications cited
that were public sector
Percent
Percent covered by a
public-sector patent
Percent citing at least one
public-sector patent
Percent citing at least one
public-sector publication
Percent citing either a public-sector
patent or publication
Percent of patent citations
that were to public-sector patents
HIV/AIDS drugs
Other drugs
SOURCE Authorsanalyses of data from Notes 2124 in text. NOTE Therewere19HIV/AIDSdrugs
and 360 other drugs.
Policy
&
Pharmaceuticals
336 Health Affairs February 2011 30:2
on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from
Conclusions Our work provides new evi-
dence for policy discussions about the roles of
the public and private sectors in pharmaceutical
innovation, although our findings are subject to
all of the caveats discussed above.
We found that government supportthrough
publicly funded researchhad a large indirect
impact on pharmaceutical innovation. The direct
effect of government supportthat is, cases
where the government owns the patents outright
or has claims on the intellectual property in-
volved in the drugsdevelopmentis more lim-
ited, but still large for the most innovative drugs,
those whose applications received priority re-
view by the FDA.
Future research should extend our analyses to
broader contexts, such as biotechnology drugs
and drugs currently under development; exam-
ine other channels of public-sector involvement,
including the funding of clinical trials; and com-
plement our quantitative results with small-
sample case studies.
This work was supported in part by an
unrestricted grant from the Merck
Foundation to the Columbia-Stanford
Consortium on Medical Innovation.
Bhaven Sampat also received financial
support from the Robert Wood Johnson
Foundations Investigator Award
Program and from the Ford Foundation.
Both authors were paid consultants on a
project for the Office of Science Policy
of the National Institutes of Health,
from which the idea for this paper
emerged.
NOTES
1Moses H 3rd, Dorsey ER, Matheson
DH, Thier SO. Financial anatomy of
biomedical research. JAMA. 2005;
294(11):133342.
2Dorsey ER, Vitticore P, De Roulet J,
Thompson JP, Carrasco M, Johnston
SC, et al. Financial anatomy of
neuroscience research. Ann Neurol.
2006;60(6):6529.
3Angell M. The truth about the drug
companies: how they deceive us and
what to do about it. New York (NY):
Random House; 2004.
4Goozner M. The $800 million pill:
the truth behind the cost of new
drugs. Berkeley (CA): University of
California Press; 2004.
5Cohn J. Creative destruction: the
best case against universal health
care. New Republic. 2007 Nov 12.
6Clinton H. Hillary Clinton: universal
healthcare a moral imperative.
GBMNews [serial on the Internet].
2007 Sep 28 [cited 2011 Jan 3].
Available from: http://www
.gbmnews.com/articles/1535/1/
Hillary-Clinton-Universal-Health
care-A-Moral-Imperative/Page1.html
7Herder M. Asking for money back:
chilling commercialization or re-
couping public trust in the context of
stem cell research? Columbia Sci-
ence and Technology Law Review.
2008;9:20336.
8Korn D, Heinig S. Recoupment ef-
forts threaten federal research. Is-
sues Sci Technol [serial on the In-
ternet]. 2004 Summer [cited 2010
Dec 30]. Available from: http://
www.issues.org/20.4/p_korn.html
9McCaughan M. NIH as partner: new
director Collins will stress royalties,
not price oversight. In Vivo Blog
[blog on the Internet]. 2009 Aug 21
[cited 2011 Jan 3]. Available from:
http://invivoblog.blogspot.com/
2009/08/nih-as-partner-new-
director-collins.html
10 National Institutes of Health. NIH
response to the conference report
request for a plan to insure tax-
payersinterests are protected [In-
ternet]. Bethesda (MD): NIH; 2001
Jul [cited 2011 Jan 3]. Available
from: http://www.nih.gov/news/
070101wyden.htm
11 Arno PS, Davis MH. Why dontwe
enforce existing price controls? The
unrecognized and unenforced rea-
sonable pricing requirements im-
posed upon patents deriving in
whole or in part from federally
funded research. Tulane Law Rev.
2001;75:63193.
12 Love J, Flynn S. Letter to the
Honorable Tommy Thompson, Sec-
retary, Department of Health and
Human Services [Internet]. Wash-
ington (DC): Essential Inventions;
2004 Jan 29 [cited 2011 Jan 3].
Available from: http://www
.essentialinventions.org/legal/
xalatan/xalatan-29jan04petition.pdf
13 Cockburn I, Henderson R. Public-
private interaction in pharmaceuti-
cal research. Proce Natl Acad Sci
USA. 1996;93(23):1272530.
14 Mansfield E. Academic research and
industrial innovation: an update of
empirical findings. Res Policy. 1998;
26(78):7736.
15 Cohen WM, Nelson R, Walsh J. Links
and impacts: the influence of public
research on industrial R&D. Manage
Sci. 2002;48(1):123.
16 Narin F, Olivastro D. Status report:
linkage between technology and
science. Res Policy. 1992;21(3):
23749.
17 US Senate, Joint Economic Com-
mittee. The benefits of medical re-
search and the role of the NIH [In-
ternet]. Washington (DC): The
Committee; 2000 May 17 [cited 2011
Jan 3]. Available from: http://
www.faseb.org/portals/0/pdfs/opa/
2008/nih_research_benefits.pdf
18 Toole AA. Does public scientific re-
search complement private invest-
ment in research and development
in the pharmaceutical industry? J
Law Econ. 2007;50(1):81104.
19 Although less than half of
government funding for biomedical
research is for clinical research
(Note 1), another potential direct
impact on the part of the
government is via funding of clinical
research on drugs, including spon-
sorship or cosponsorship of the
clinical trials used for FDA approval.
The various incentives offered by the
Orphan Drug Act of 1983, and tax
credits provided for research and
development in general, represent
other types of direct support that our
analyses do not capture.
20 Tauzin B. The next 50 years of
medical innovation has already
started. Washington (DC): Pharma-
ceutical Research and Manufacturers
of America; 2008 Nov 1.
21 US Patent and Trademark Office.
USPTO patent full-text and image
database [Internet]. Alexandria
(VA): The Office; [cited 2011 Jan 3].
Available from: http://www.uspto
.gov/patents/process/search/
index.jsp
22 National Library of Medicine.
PubMed [home page on the Inter-
net]. Bethesda (MD): NLM; [cited
2011 Jan 3]. Available from: http://
www.ncbi.nlm.nih.gov/pubmed
23 Food and Drug Administration.
Drugs@FDA [home page on the In-
ternet]. Silver Spring (MD): FDA;
[cited 2011 Jan 3]. Available from:
http://www.accessdata.fda.gov/
scripts/cder/drugsatfda/
24 Food and Drug Administration. Or-
ange book: approved drug products
with therapeutic equivalence evalu-
ations [Internet]. Silver Spring
(MD): FDA; [cited 2011 Jan 3].
Available from: http://www.access
data.fda.gov/scripts/cder/ob/
default.cfm
25 Agency for Healthcare Research and
Quality. Medical Expenditure Panel
February 2011 30:2 Health Affairs 337
on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from
Survey (MEPS) [home page on the
Internet]. Rockville (MD): AHRQ;
[cited 2011 Jan 3]. Available from:
http://www.meps.ahrq.gov/
mepsweb/
26 Food and Drug Administration. Fast
track, accelerated approval, and
priority review [Internet]. Silver
Spring (MD): FDA; 2010 May 28
[cited 2011 Jan 18]. Available from:
http://www.fda.gov/ForConsumers/
ByAudience/ForPatientAdvocates/
SpeedingAccesstoImportant
NewTherapies/ucm128291
.htm#priorityreview
27 Hunt M. Changing patterns of
pharmaceutical innovation [Inter-
net]. Washington (DC): National
Institute for Health Care Manage-
ment (NIHCM) Research and Edu-
cational Foundation; 2002 May 28
[cited 2011 Jan 3]. Available from:
http://www.nihcm.org/pdf/
innovations.pdf
28 Arno PS, Feiden KL. Against the
odds: the story of AIDS drug devel-
opment, politics, and profits. New
York (NY): HarperCollins; 1992.
29 Food and Drug Administration.
Antiretroviral drugs used in the
treatment of HIV infection [Inter-
net]. Silver Spring (MD): FDA;
[cited 2011 Jan 3]. Available from:
http://www.fda.gov/ForConsumers/
ByAudience/ForPatientAdvocates/
HIVandAIDSActivities/
ucm118915.htm
30 Of the ninety-nine drugs without
patents in the Orange Book, about
one-fourth (twenty-three) were
antibiotics of certain types that were
not subject to the Orange Book re-
gime until 2008. After these drugs
are excluded, drugs without patents
accounted for only 5 percent of sales
reported in the Medical Expenditure
Panel Survey (MEPS) in 2006, half
of which came from one drug. The
manufacturers of new drugs without
patents rely solely on market exclu-
sivity to recoup their investment.
31 Sampat B.When do applicants search
for prior art? J Law Econ. 2010;
53(2):399416.
32 Jaffe AB, Trajtenberg M. Patents,
citations, and innovations: a window
on the knowledge economy. Cam-
bridge (MA): MIT Press; 2002.
33 National Science Board. Science and
engineering indicators 2004 [Inter-
net]. Arlington (VA): National Sci-
ence Foundation; 2004 May 4 [cited
2011 Jan 3]. Available from: http://
www.nsf.gov/statistics/seind04/
34 To access the Appendix, click on the
Appendix link in the box to the right
of the article online.
35 Biotechnology Industry Organiza-
tion. Guide to biotechnology 2008
[Internet]. Washington (DC): BIO;
2008 [cited 2011 Jan 3]. Available
from: http://www.bio.org/
speeches/pubs/er/Biotech
Guide2008.pdf
36 Powell W, Koput K, Smith-Doerr L.
Interorganizational collaboration
and the locus of innovation: net-
works of learning in biotechnology.
Adm Sci Q. 1996;116(41):11645.
37 Alcácer J, Gittelman M, Sampat B.
Applicant and examiner citations in
US patents: an overview and analy-
sis. Res Policy. 2009;38(2):41527.
38 Roach M, Cohen W. Patent citations
as indicators of knowledge flows
from public research [Internet]. Pa-
per presented at: International
Schumpeter Society Conference on
Innovation, Organisation, Sustain-
ability, and Crises; 2010 Jun 2124;
Aalborg, Denmark. Available from:
http://www.schumpeter2010.dk/
index.php/schumpeter/schumpeter
2010/paper/view/344/112
39 Lampe R (DePaul University, College
of Commerce). Strategic citation
[Internet]. Rochester (NY): Social
Science Research Network; 2010 Jan
29 [cited 2011 Jan 18]. (Working
Paper Series; abstract only). Avail-
able from: http://papers.ssrn.com/
sol3/papers.cfm?abstract_
id=984123
40 US Government Accountability Of-
fice. Technology transfer: reporting
requirements for federally spon-
sored inventions need revision [In-
ternet]. Washington (DC): GAO;
1999 Aug 12 [cited 2011 Jan 3].
Available from: http://www.gao
.gov/archive/1999/rc99242.pdf
41 Many scholars, such as Carolyn
Asbury, believe that public-sector
research has traditionally played an
especially prominent role in the de-
velopment of orphan drugsdrugs
that target rare diseases. To investi-
gate this question, we looked sepa-
rately at drugs with and without or-
phan designations, as indicated at
Drugs@FDA. About 16 percent (59 of
379) of the drugs in our sample were
orphan drugs. These drugs were
more likely to have NIH patents than
nonorphans (24 percent versus
6 percent; p0:01) and more likely
to cite NIH patents or publications
(66 percent versus 44 percent;
p<0:01). Asbury CH. Orphan drugs:
medical versus market value.
Lexington (MA): Lexington
Books; 1985.
42 Azoulay P, Michigan R, Sampat B.
The anatomy of medical school pat-
enting. N Engl J Med. 2007;
357(20):204956.
43 Sampat B. Academic patents and
access to medicines in developing
countries. Am J Public Health.
2009;99(1):917.
44 Most of the drugs that we studied
(324 of 379) had neither academic
patents nor patents citing
government funding. A handful (7)
had NIH patents but not academic
patents. And some (21) had no pat-
ents indicating government funding
but did have academic patents.
45 When Salomeh Keyhani and col-
leagues examined data on NIH
funding of clinical trials, they found
that the NIH role was much stronger
with HIV drugs than other classes of
drugs. Keyhani S, Diener-West M,
Powe N. Do drug prices reflect de-
velopment time and government
investment? Med Care. 2005;
43(8):75362.
46 Epstein S. Impure science: AIDS,
activism, and the politics of knowl-
edge. Berkeley (CA): University of
California Press; 1996.
Policy
&
Pharmaceuticals
338 Health Affairs February 2011 30:2
on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from
ABOUT THE AUTHORS: BHAVEN N. SAMPAT
&
FRANK R. LICHTENBERG
Bhaven N. Sampat
is an assistant
professor in the
Department of
Health Policy and
Management at
Columbia
Universitys
Mailman School of
Public Health.
Bhaven Sampat and Frank
Lichtenberg, both of Columbia
University, tackle a key question in
this paper: What are the respective
contributions of the government
and the private sector in research
and development of new
pharmaceutical drugs?
Drawing on information
contained in drug patents, among
other sources, they find that direct
government funding is important
in research and development for
the most innovative new drugs,
which typically proceed through
the Food and Drug Administra-
tions(FDA)priority-review
process for approval. Direct
government funding is less
important for research and
development on so-called standard-
review drugs that proceed through
the FDAs normal review process.
Their analysis can be helpful in
understanding the merits of
various policy proposals, the
authors saysuch as those that
would attempt to recapture a share
of drug profits and return them to
the government.
Frank R.
Lichtenberg is the
Courtney C. Brown
Professor of
Business at the
Columbia University
Graduate School of
Business.
Sampat is an assistant professor
in the Department of Health Policy
and Management at the Mailman
School of Public Health. His
coauthor, Lichtenberg, is the
Courtney C. Brown Professor of
Business at the Columbia
University Graduate School of
Business and a research associate
of the National Bureau of
Economic Research.
Both authors have a long-
standing interest in the economic
and health returns from biomedical
innovation, and in how public
policies affect the rate and
direction of innovation in
medicine. Their collaboration
began as they conducted research
on medical technologies under the
auspices of the Columbia-Stanford
Consortium on Medical Innovation,
funded by the Merck Foundations
Program on Policy Issues in the
Pharmaceutical Industry. The idea
for this paper crystallized after the
National Institutes of Health (NIH)
Office of Science Policy asked them
and other researchers to help think
about measuring the effects of the
research it funded. This office
provided a sounding board, Sampat
says, for our ideas about potential
measures and empirical
approaches.
The authors note that although
they view their paper as a
comprehensive study, they take
seriously the caveats offered in the
paper that may contribute to an
underestimation of the public-
sector role. For instance, they ask,
does underreporting of government
interests lead to an understatement
of the public-sector role? The pair
say that they plan to continue to
collaborate on these issues.
Sampat earned all of his
undergraduate and graduate
degrees from Columbia University,
receiving a doctorate in economics
in2001.HetaughtatGeorgiaTech
before returning to Columbia in
2005.
Lichtenbergsdoctoratein
economics came from the
University of Pennsylvania. He won
the 2010 Garfield Economic Impact
award from Research!America for
research on how new cancer drugs
have affected cancer survival in the
United States.
February 2011 30:2 Health Affairs 339
on February 21, 2017 by HW TeamHealth Affairs by http://content.healthaffairs.org/Downloaded from
... In addition to these broad analyses across many different drug approvals and indications, more detailed investigations into single drug (and one in-vitro-diagnostic device) development histories could be found in the literature. All analyses originate in a few authoring teams at the Harvard Medical School (Division of Pharmacoepidemiology and Pharmacoeconomics) [2,6,18,[20][21][22][23][24][25], the United States (US-) Institute for New Economic Thinking [7,15,16], authors from Columbia University [19,26], US-authoring teams [13,14] or Japan-based [27] from Technology Development, IP and Science Policy or Advocacy Groups such as Treatment Action Group [28,29] or United Kingdom (UK)-based Global Justice Now [30]. Only the AIHTA [3,4,31] authored several European publications. ...
... Public contributions to R&D across indications reported: The datasets analysed in the publications ranged from 1973 [13,14] to 2019 [7]. Across FDA-approved drugs (NMEs), the analyses found that around 42 % of all biologicals [18], half of all drugs approved [19,27], or even >90 % of drug target research [7,15,17] are associated with public sector institutions and/or their spin-offs. For drugs awarded "priority" or "expedited review" (indicating therapeutic importance), the proportion was 64.5 % [19] to 68 % [6]. ...
... For drugs awarded "priority" or "expedited review" (indicating therapeutic importance), the proportion was 64.5 % [19] to 68 % [6]. 9 % of FDA-approved drugs hold public sector patents, rising to 17.4 % for "priority" review candidates [19]. Global Justice Now estimated in 2017 that the public pays for two-thirds of all "upfront" (before approval) R&D expenditures for the development of drugs and that around one-third of all medicines originate in research institutions in the public sector [30]. ...
Article
Full-text available
Background and Objective: Article 57 of the proposed European Union (EU) Pharmaceutical Legislation (PL, Directive) will require market authorization applicants to publicly declare any direct financial support for R&D received from public authorities. Our research aims to identify the categories needed to capture direct or indirect public contributions to R&D, provide a framework for standardized reporting of public contributions, and reduce ambiguity in the interpretation of "direct" and "indirect" public contributions. Methods: An iterative mixed-methods approach is applied: a targeted literature review was conducted, complemented by interviews with representatives of different stakeholder groups to identify categories of public contributions to R&D, followed by searches for relevant data sources. Results: 26 publications on primary data relevant to analyses of public contributions were identified, finding that between half of all drugs approved and >90 % of drug targets are associated with public sector institutions and/ or their spin-outs. Eight categories of public contributions to medical innovations were identified along the value chain (from basic research to post-market surveillance). Discussion and conclusion: The framework offers a structured and systematic approach for identifying data on public and philanthropic contributions to developing medical products (medicines and devices). This information is often not comprehensively documented. Therefore, aligned public policies enforcing transparent and standardized reporting in sufficient granularity on R&D investments and conditions are key.
... Targeted drug discovery arises from a foundation of basic research describing mechanisms of biology and disease, targets for drug discovery, or sometimes prototype products [1,2,[5][6][7][8][9][10]. This research typically takes place in academic or government laboratories with public sector funding. ...
... This research typically takes place in academic or government laboratories with public sector funding. In the U.S., this funding is provided primarily by the NIH [7,8,[11][12][13][14]. ...
... This fraction is similar to the results of previous studies that have used NIHfunded patents in the FDA Orange Book as a proxy for the government's contribution to pharmaceutical innovation. For example, Sampat and Lichtenberg examined "public sector" or "academic" patents related to drugs approved 1988-2005, finding that 9% of new drugs were associated with a public sector patent [7]. Similarly, Long reported that 8.6% of drugs had at least one patent with a "government-interest" statement [38] and Stevens et al. estimated that from 1990-2007, 9.3% of new drugs were first patented in public sector research institutions [39]. ...
Article
Full-text available
Previous studies have shown that National Institutes of Health (NIH) funding contributed >187billionforbasicorappliedresearchrelatedtothe356drugsapproved20102019.Thisanalysisaskshowmuchofthisfundingledtopatentscitedasprovidingmarketexclusivity,patentsthatwouldbesubjecttotheprovisionsoftheBayhDoleActthatpromoteandprotectthepublicinterest.ThemethodinvolvesidentifyingpublishedresearchinPubMedrelatedtotheapproveddrugs(appliedresearch)ortheirtargets(basicresearch).NIHfundedprojects(grants)fundingthesepublicationsandpatentsarisingfromtheseprojectswerebothidentifiedinRePORT.PatentscitedasprovidingmarketexclusivitywereidentifiedinDrugPatentWatch(whichincorporatesFDAOrangeBook).NIHfundedbasicorappliedresearchrelatedtoall313FDAapproveddrugs20102019withatleastonepatentinDrugPatentWatch.Thisresearchcomprised350thousandpublications(9187 billion for basic or applied research related to the 356 drugs approved 2010–2019. This analysis asks how much of this funding led to patents cited as providing market exclusivity, patents that would be subject to the provisions of the Bayh-Dole Act that promote and protect the public interest. The method involves identifying published research in PubMed related to the approved drugs (applied research) or their targets (basic research). NIH-funded projects (grants) funding these publications and patents arising from these projects were both identified in RePORT. Patents cited as providing market exclusivity were identified in DrugPatentWatch (which incorporates FDA Orange Book). NIH funded basic or applied research related to all 313 FDA-approved drugs 2010–2019 with at least one patent in DrugPatentWatch. This research comprised 350 thousand publications (9% applied research; 91% basic research) supported by 341 thousand fiscal years (project years) of NIH funding and 164 billion in NIH project year costs (17% applied research; 83% basic research). These NIH projects also produced 22,360 patents, 119 of which were cited in DrugPatentWatch as protecting 34/313 drugs. These patents were associated with 769 project years of NIH funding (0.23% total) and project year costs of $0.95 billion (0.59% total). Overall, only 1.5% of total NIH funding for applied research and 0.38% of total NIH funding for basic research was associated with patents in DrugPatentWatch. This analysis shows that very little of the NIH funding for research that contributes to new drug approvals leads to patents that provide market exclusivity and are subject to the provisions of the Bayh-Dole Act that promote the public interest in practical applications of the research, reasonable use and pricing, and a return on this public sector investment. This suggests that the Bayh-Dole Act is limited in its ability to protect the public interest in the pharmaceutical innovations driven by NIH-funded research.
... Moreover, Sampat (2009) shows that 7.7 percent of all US Food and Drug Administration approvals and 10.6 percent of new molecular entities are based on academic patents. Also, Sampat and Lichtenberg (2011) analyze 379 approved drugs (between 1988 and 2007) and find that 48 percent were associated with a patent that cited prior art generated in the public sector. They show that in many cases patents cite either a public sector patent or a government publication and the public sector influence was particularly relevant for the most innovative drugs (see also Galkina Cleary et al., 2018;Patridge et al., 2015). ...
... Outside of spending, the literature has leveraged other measures such as publications or patents to assess public and private contributions to biopharmaceutical R&D. 13,14 As with any measure, these are subject to limitations. 9 For instance, publications may overestimate public sector R&D, as academics tend to publish and the private sector may be less likely to, for instance to protect trade secrets. ...
Article
Full-text available
Robust biopharmaceutical research and development (R&D) ecosystems require investment from both the public and private sectors. In Europe, there is an interest in growing biopharmaceutical R&D given its contribution to public health and the economy, which requires an understanding of current public and private investment. In addition, recent European draft legislation has focused on the public sector's contributions to biopharmaceutical R&D to inform pharmaceutical prices. However, there is little empirical evidence on the specifics of public and private funding for medicine R&D in Europe. This paper performs aggregative data collection to quantify 2019 investment in biopharmaceutical R&D by the public and private sectors in 6 countries: Belgium, France, Germany, Norway, Poland, and the United Kingdom. We find that, across these countries, the private sector accounts for just under two-thirds of investment. We contrast results to those obtained using high-level R&D indicators from the Organization for Economic Co-operation and Development (OECD) and contextualize differences. We then provide 2013–2019 estimates for Belgium, France, Germany, and the United Kingdom (countries with data to support such analysis), and show that total spending grew over those years, although proportions attributable to each sector remained stable. These findings should provide further evidence for debates on policies to effectively grow the biopharmaceutical R&D sector.
Article
Importance In December 2023, the Biden-Harris Administration released a proposed framework for exercising government march-in rights (effectively granting compulsory licenses for those patents to generic drug makers) under the Bayh-Dole Act on patents on taxpayer-funded drugs, which has renewed questions about whether march-in rights could promote cost savings through generic competition or harm pharmaceutical innovation. Objectives To determine the feasibility of using march-in rights to remove patent barriers to generic competition. Design, Setting, and Participants This cross-sectional study examined government funding information from multiple sources for patents listed in the Food and Drug Administration (FDA) Orange Book from 1985 to 2023. Data analysis was completed in August 2024. Exposures New drug applications (NDAs) with Orange Book–listed patents, including (1) all new molecular entities (NMEs) approved from 1985 to 2022; (2) all NDAs with an Orange Book patent listed between 1985 and 2023; and (3) NDAs with unexpired patents listed in a recent (October 2023) edition of the Orange Book. Main Outcomes and Measures The main outcome was whether the drugs had any or all patents that were public-sector patents subject to the Bayh-Dole Act, based on combining different data sources for identifying patents that resulted from federal funding. Public-sector patents resulting from intramural research, which are not subject to march-in rights under the Bayh-Dole Act, were identified separately. Results Of 883 new molecular entities approved from 1985 to 2022, 68 (8%) had a Bayh-Dole patent, but only 18 (2%) had solely Bayh-Dole patents. Of 2832 drugs with patents listed for 1985 to 2023, 142 (5%) had a Bayh-Dole patent, but only 38 (1%) had solely Bayh-Dole patents. Of 1213 drugs with Orange Book patents listed in October 2023, 41 (3%) had a Bayh-Dole patent, but only 14 (1%) had solely Bayh-Dole patents. Conclusion and Relevance This cross-sectional study found that, although Bayh-Dole march-in rights could remove patent barriers to generic entry for a few drugs, their overall effect would be limited.
Article
This commentary explores how a new theory of value creation has implications for the distribution of that value. It argues that different theories of value creation lead to different resource allocations and different justifications for them. Thus, to achieve a more equitable distribution of value, a new theory of how that value is created in the first place is needed. This new theory should recognize that value is created collectively, not only by business but also by government and civil society. The state, while predominantly portrayed in traditional economics as a market fixer, has instead often been responsible for actively shaping and creating markets, not just fixing them. Indeed, the most successful capitalist economies have had proactive states that made risky investments, many of which led to technological revolutions. A better understanding of the state's role as a lead risk-taker and innovator (the ‘entrepreneurial state’) can thus also enable a more socially equitable distribution of value.
Article
Full-text available
This article seeks to deepen the understanding of sustained competitive advantages built through strategies of R&D investments, and patents and trademarks registrations by Big Pharma, within the framework of the three main activity clusters related to dynamic capabilities: sensing, seizing, and transforming. The use of this framework contributes to the comprehension of the strategies of R&D, patents, and trademarks by Big Pharma in creating sustained competitive advantages and in the endurance and stability of these companies as industry leaders. The identification of R&D opportunities emerging from the public sector, the ability to leverage identified opportunities through organizational competencies and consistent strategies for resource transformation – such as evergreening –, and brand building have been recognized as significant components of the dynamic capabilities of the firms that enable the creation and maintenance of sustained competitive advantages. KEYWORDS: Big Pharma; Dynamic capabilities; Intangible assets
Article
Full-text available
Importance Both the commercial sector and academia play a vital role in medicine development. Ongoing debates exist on their contribution and the value of medicinal products entering the market. Objective To identify the provenance and clinical benefit of medicines that entered the French market between 2008 and 2018. Design and Setting In this cross-sectional study, the provenance of each medicine in the French market was established via a review of multiple sources documenting at least 2 matching findings per product. The clinical benefit was assigned using the matched scale developed from the Prescrire and Haute Autorité de Santé (HAS) gradings. The χ ² test was used to analyze the proportions and frequencies of medicines graded by Prescrire and HAS by origin, therapeutic category, and clinical benefit. Main outcomes and measures The origins and therapeutic categories of medicines. Clinical benefit based on Prescrire and HAS grading. Concordance of Prescrire and HAS grading. Results Of the 632 medicines that entered the French market between 2008 and 2018, 464 originated (73%) in the commercial sector, and 168 originated (27%) in the academic setting or in collaboration with commercial enterprises. Prescrire graded psychotropic agents (13/14 [93%]), whereas HAS graded respiratory agents (24/25 [96%]) as the highest percentage of medicines that provided no added benefit. Prescrire graded 360 medicines (77.6%) that originated in the industry and 108 medicines (64.3%) that originated in the academic setting ( P = .001) to have no added clinical benefit. HAS assigned such grading to 331 ([71.3%] industry) vs 104 ([61.9%] academia) ( P = .02). Based on the Prescrire grading, academia invented more medicines delivering some added benefit 57 (33.9%) vs 98 (21.1%) invented by industry ( P = .001). HAS grading on some added benefit 51 ([30.4%] academia) vs 121 ([26.1%] industry) did not reach statistical significance ( P = .29). However, HAS grading on substantial added clinical benefit reached statistical significance in favor of academia (13 [7.7%] vs 12 [2.6%] in the industry; P = .003), whereas Prescrire grading did not (1.8% academia vs 1.3% industry; P = .64). Conclusions and Relevance More than 70% of medicines that entered the French market during the 10-year period originated in the commercial sector. Although most medicines were not graded as providing clinical benefit, medicines originating in the academic setting were more likely to be graded as conferring clinical benefit than those originating in the commercial setting.
Article
Full-text available
We argue in this paper that when the knowledge base of an industry is both complex and expanding and the sources of expertise are widely dispersed, the locus of innovation will be found in networks of learning, rather than in individual firms. The large-scale reliance on interorganizational collaborations in the biotechnology industry reflects a fundamental and pervasive concern with access to knowledge. We develop a network approach to organizational learning and derive firm-level, longitudinal hypotheses that link research and development alliances, experience with managing interfirm relationships, network position, rates of growth, and portfolios of collaborative activities. We test these hypotheses on a sample of dedicated biotechnology firms in the years 1990-1994. Results from pooled, within-firm, time series analyses support a learning view and have broad implications for future theoretical and empirical research on organizational networks and strategic alliances.•.
Article
Full-text available
Rising prescription drug prices have become a pressing national issue. Hidden from most public discussions is the nature of the public/private relationship when government funds part or all of the research costs. This relationship is inherently problematic, as it introduces conflicts of interest and tends to violate underlying beliefs about private enterprise, government industrial policies, and the market economy. A major part of all new drug development-and an even larger portion of those "blockbuster" developments which are truly innovative-is due to government, usually federal, subsidization. In part this relates to favorable tax treatment, but an even larger amount is the product of direct federal investment in research. Sometimes this research reaches patentable levels, and federal patents are made available to private industry through exclusive licenses.This defies the underlying basis for patent law that the resulting monopoly is a means of returning R & D costs, which in the case of federal patents, have not been borne by the licensee and therefore do not exist to be returned. Other times, federally-funded research enables recipients, including universities but also private enterprises, to obtain patents on their own. The Patent Law, through its "Bayh-Dole" provisions, 35 U.S.C. Section 209, requires such recipients to include in the patent itself, a legend that the invention was obtained with government funds. Such patents are subject to "march-in" rights, the most important of which is the right of the government to license the patent to others if the patentee does not make the invention available to the public on "reasonable terms." The language of the statute and its legislative history clearly indicate this means reasonable prices. Thus, present federal law includes a powerful price control provision. Since it was enacted in 1980, however, it has not been used by any administration, Republican or Democratic. Congressional reviews reveal massive noncompliance of Bayh-Dole by industry, and a willing ignorance by administrative agencies. Each administration has refused to enforce Bayh-Dole, and several have announced that, despite the clear dictates of the law, they do not intend to enforce it. Recognizing the conflicts underlying such federal/private relationships, and the failure of their regulating provisions, it is surely in the public interest to revisit such relationships and enforce this law.
Book
"Why do life-saving prescription drugs cost so much? Drug companies insist that prices reflect the millions they invest in research and development. In this gripping exposé, Merrill Goozner contends that American taxpayers are in fact footing the bill twice: once by supporting government-funded research and again by paying astronomically high prices for prescription drugs. Goozner demonstrates that almost all the important new drugs of the past quarter-century actually originated from research at taxpayer-funded universities and at the National Institutes of Health. He reports that once the innovative work is over, the pharmaceutical industry often steps in to reap the profit. Goozner shows how drug innovation is driven by dedicated scientists intent on finding cures for diseases, not by pharmaceutical firms whose bottom line often takes precedence over the advance of medicine. A university biochemist who spent twenty years searching for a single blood protein that later became the best-selling biotech drug in the world, a government employee who discovered the causes for dozens of crippling genetic disorders, and the Department of Energy-funded research that made the Human Genome Project possible--these engrossing accounts illustrate how medical breakthroughs actually take place. The $800 Million Pill suggests ways that the government's role in testing new medicines could be expanded to eliminate the private sector waste driving up the cost of existing drugs. Pharmaceutical firms should be compelled to refocus their human and financial resources on true medical innovation, Goozner insists. This book is essential reading for everyone concerned about the politically charged topics of drug pricing, Medicare coverage, national health care, and the role of pharmaceutical companies in developing countries."
Article
The recoupment measures to check the unfair pricing and federal research expenditures are discussed. The congress and health personnels have proposed legislative recoupment measures to place a regulation on the academic and other non profit research institutions by imposing levies on their royalty income streams. But these proposals are expected to be widely opposed mainly because of unfounded assumption of a casual relationship between industry pricing policies and academic institutions. The majority of the National Institute of Health (NIH) sponsered research and other federally funded scientific research generate a substantial social return on the investments.
Article
There is concern that patent examiners lack the resources, capabilities, and incentives to properly identify the prior art against which patent applications are evaluated and that, as a result, they issue a large number of low-quality patents. In this context, the extent to which applicants have incentives to contribute prior art is an important question. This paper uses data on examiner and applicant citations in U.S. patents to examine this question. The data show that applicants contribute a surprisingly low share of citations to previous patents and routinely fail to identify even their own previous patents. However, there are also stark differences across fields. Within fields, and even within firms, there is self-sorting: applicants contribute more prior art for their more important inventions. The results suggest that incentives to search for prior art vary across industries and inventions, which reflects underlying differences in the strategic reasons for obtaining patent protection. (c) 2010 by The University of Chicago. All rights reserved..
Book
Innovation and technological change, long recognized as the main drivers of long-term economic growth, are elusive notions that are difficult to conceptualize and even harder to measure in a consistent, systematic way. This book demonstrates the usefulness of patents and citations data as a window on the process of technological change and as a powerful tool for research on the economics of innovation. Patent records contain a wealth of information, including the inventors' identity, location, and employer, as well as the technological field of the invention. Patents also contain citation references to previous patents, which allow one to trace links across inventions. The book lays out the conceptual foundations for such research and provides a range of interesting applications, such as examining the geographic pattern of knowledge spillovers and evaluating the impact of university and government patenting. It also describes statistical tools designed to handle methodological problems raised by the patent and citation processes. The book is accompanied by a set of auxiliary materials, including complete data on 3 million patents with more than 16 million citations and a range of author-devised measures of the importance, generality, and originality of patented innovations. This is available for download at http://mitpress.mit.edu/jaffecdcontents.
Article
In this paper, we use data from the Carnegie Mellon Survey on industrial R&D to evaluate for the U.S. manufacturing sector the influence of "public"(i.e., university and government R&D lab) research on industrial R&D, the role that public research plays in industrial R&D, and the pathways through which that effect is exercised. We find that public research is critical to industrial R&D in a small number of industries and importantly affects industrial R&D across much of the manufacturing sector. Contrary to the notion that university research largely generates new ideas for industrial R&D projects, the survey responses demonstrate that public research both suggests new R&D projects and contributes to the completion of existing projects in roughly equal measure overall. The results also indicate that the key channels through which university research impacts industrial R&D include published papers and reports, public conferences and meetings, informal information exchange, and consulting. We also finnd that, after controlling for industry, the influence of public research on industrial R&D is disproportionately greater for larger firms as well as start-ups.
Article
Prior art patent citations have become a popular measure of patent quality and knowledge flow between firms. Interpreting these measurements is complicated, in some cases, because prior art citations are added by patent examiners as well as by patent applicants. The U.S. Patent and Trademark Office (USPTO) adopted new reporting procedures in 2001, making it possible to measure examiner and applicant citations separately for the first time. We analyzed prior art citations listed in all U.S. patents granted in 2001–2003, and found that examiners played a significant role in identifying prior art, adding 63% of citations on the average patent, and all citations on 40% of patents granted. An analysis of variance found that firm-specific variables explain most of the variation in examiner-citation shares. Using multivariate regression, we found that foreign applicants to the USPTO had the highest proportion of citations added by examiners. High-volume patent applicants had a greater proportion of examiner citations, and a substantial number of firms won patents without listing a single applicant citation. In terms of technology, we found higher examiner shares among patents in electronics, communications, and computer-related fields. Taken together, our findings suggest that firm-level patenting practices, particularly among high-volume applicants, have a strong influence on citation data and merit additional research.