1AC
ADV---Innovation
Advantage 1 is Innovation
We are in an innovation crisis -- new drugs are not being developed in favor of re- purposing old drugs to infinitely extend patent protection. Feldman 19 [Robin Feldman, Arthur J. Goldberg Distinguished Professor of Law, Albert Abramson '54 Distinguished Professor of Law Chair, and Director of the Center for Innovation, 2-11-2019, "One-and- done' for new drugs could cut patent thickets and boost generic competition" https://www.statnews.com/2019/02/11/drug-patent-protection-one-done/]/SidK + Elmer, recut by Cogito
In a perfect world, the system for conveying medications from their makers to patients should be designed to deliver the lowest-cost drugs. The System in the U.S. doesn't even come close. Insurers should provide the lowest-cost and highest-quality drug benefit for each plan, public or private. But they don't. Pharmacy benefit managers should use their volume buying power to obtain rebates that individuals could never obtain on their own and pass those rebates along to patients. But they don't. Pharmacists, who know the prices of the drugs in their stock and who see patients' cost-sharing amounts at the cash register, should be motivated to provide their customers with information on how to find the best deal so they can afford their medicines. But they aren't. Doctors should make medication decisions that are in the best interests of their patients. But they often don't. All of this occurs against the backdrop of a national conversation to lower drug costs and a policy to expedite and encourage vigorous competition in the pharmaceutical industry through the rapid entry of generic drugs as soon as patents expire.But even though the vast majority of prescriptions are filled with generic drugs,rising prices on existing brand-name drugs and sky-high prices for new drugs are swamping the savings from generics. Why isn't the system working as it shouldft Some experts believe the U.S. can rein in drug process with yalue-based pricing, which aims to tie the prices we pay for drugs to the benefits they provide, either in terms of longer life or better quality of life. Others call for dismantling pharmacy benefit managers. Still others want large groups like Medicare to negotiate with drug companies for better drug prices. While each of these might help, they cannot solve the problem alone. Whyft Because they do not reach the heart of the problem. As I explain in my new book, "Drugs, Money, and Secret Handshakes," the government itself is giving pharmaceutical companies the power they are wielding through overly generous drug patent protection. Effective solutions must address that problem. Drug companies have brought great innovations to market. Society rewards innovation with patents, or with non-patent exclusivities that can be obtained for activities such as testing drugs in children, undertaking new clinical studies, or developing orphan drugs. The rights provided by patents or non-patent
patents end, lower-priced competitors should be able to jump into the market and drive down the price. But that's hot happening. Instead, drug companies build massive patent walls around their products, extending the protection over and over again.