The argument for pharma patents: making new medicines is expensive, and medicines are how we save ourselves from cancer and other diseases. Therefore, we award government-backed monopolies - #patents - to pharma companies as an incentive to invest their shareholders' capital in research.

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If you'd like an essay-formatted version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/10/19/solid-tumors/#t-cell-receptors

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Pluralistic: Uncle Sam paid to develop a cancer drug and now one guy will get to charge whatever he wants for it (19 Oct 2023) – Pluralistic: Daily links from Cory Doctorow

There's plenty wrong with this argument. For one thing, pharma companies use their monopoly winnings to sell drugs, not invent drugs. For every dollar pharma spends on research, it spends three dollars on marketing:

https://www.bu.edu/sph/files/2015/05/Pharmaceutical-Marketing-and-Research-Spending-APHA-21-Oct-01.pdf

And that "R&D" isn't what you're thinking of, either. Most R&D spending goes to "#evergreening" - coming up with minor variations on existing drugs in a bid to extend those patents for years or decades:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3680578/

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Evergreening got a lot of attention recently when #JohnGreen rained down righteous fire upon #JohnsonAndJohnson for their sneaky tricks to prevent poor people from accessing affordable #TB meds, prompting this *excellent* explainer from the #ArmAndALeg podcast:

https://armandalegshow.com/episode/john-green-part-1/

Another thing those monopoly profits are useful for: #PayForDelay, where pharma companies bribe generic manufacturers *not* to make cheap versions of drugs whose patents have expired.

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John Green vs. Johnson & Johnson (part 1) - An Arm And a Leg

Why writer John Green rallied his fans around a fight over the cost of a tuberculosis drug.

An Arm And a Leg

Sure, it's illegal, but that doesn't stop 'em:

https://www.ftc.gov/news-events/topics/competition-enforcement/pay-delay

But it's their money, right? If they spend it on bribes or evergreening or marketing, at least *some* of the money goes into drugs that'll keep you and the people you love from enduring unimaginable pain or dying slowly and hard. Surely *that* warrants a patent.

Let's say it does. But what about when a pharma company gets a patent on a life-saving drug that the *public* paid to develop, test and refine?

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Pay for Delay

Pay-for-Delay: When Drug Companies Agree Not to Compete One of the FTC’s top priorities in recent years has been to oppose a costly legal tactic that more and more branded drug manufactur

Federal Trade Commission

Publicly funded work is presumptively in the public domain, from NASA R&D to the photos that park rangers shoot of our national parks. The public pays to produce this work, so it should belong to the public, right?

That was the deal - until Congress passed the #BayhDoleAct in 1980. Under Bayh-Dole, government-funded inventions *are* given away - to for-profit corporations, who get to charge us whatever they want to access the things we paid to make.

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The basis for this is a racist hoax called #TheTragedyOfTheCommons, by the eugenicist white supremacist #GarrettHardin, published by *Science* in 1968:

https://memex.craphound.com/2019/10/01/the-tragedy-of-the-commons-how-ecofascism-was-smuggled-into-mainstream-thought/

Hardin invented an imaginary history in which "#commons" - things owned and shared by a community - are inevitably overrun by selfish assholes, which prompts nice people to *also* overrun the commons, so as to get some value out of them before they are gobbled up by people who read Garrett Hardin essays.

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“The Tragedy of the Commons”: how ecofascism was smuggled into mainstream thought – Cory Doctorow's MEMEX

Hardin asserted this as historic fact, but cited no instances in which it happened. But when the Nobel-winning #ElinorOstrom actually looked at how commons are managed, she found they are robust and stable over long time periods, and are a supremely efficient way of managing resources:

https://pluralistic.net/2023/05/04/analytical-democratic-theory/#epistocratic-delusions

The reason Hardin invented an imaginary history of tragic commons was to justify #enclosure: moving things that the public owned and used freely into private ownership.

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Pluralistic: Ostromizing democracy (04 May 2023) – Pluralistic: Daily links from Cory Doctorow

Or, to put it more bluntly, Hardin invented a pseudoscientific justification for giving away parks, roads and schools to rich people and letting them charge us to use them.

To arrive at this fantasy, Hardin deployed one of the most important analytical tools of modern #economics: introspection.

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As #ElyDevons put it: "If economists wished to study the horse, they wouldn’t go and look at horses. They’d sit in their studies and say to themselves, ‘What would I do if I were a horse?’"

https://pluralistic.net/2022/10/27/economism/#what-would-i-do-if-i-were-a-horse

Hardin's hoax swept from the fringes to the center and became received wisdom.

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Pluralistic: 27 Oct 2022 Substituting economics for politics is a failure – Pluralistic: Daily links from Cory Doctorow

It was so successful so that by 1980, Senators #BirchBayh and #BobDole were able to pass a law that gave away publicly funded medicine to private firms, because otherwise these inventions would be "overgrazed" by greedy people, denying the public access to livesaving drugs.

On September 21, the #NIH quietly published an announcement of one of these pharmaceutical transfers, buried in a list of 31 patent assignments in the #FederalRegister:

https://public-inspection.federalregister.gov/2023-20487.pdf
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The transfer is a patent for using #TCellReceptors (TCRs) to treat solid tumors from #HPV, one of the only patents for treating solid tumors with TCRs. The transfer's beneficiary is #ScarletTCR, a Delaware company with no website or SEC filings and ownership shrouded in mystery:

https://www.bizapedia.com/de/scarlet-tcr-inc.html

One person who pays attention to this sort of thing is @jameslove, founder of #KnowledgeEcologyInternational, a nonprofit that has worked for decades for access to medicines.

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Love sleuthed out at least one person behind Scarlet TCR: #ChristianHinrichs, a researcher at Rutgers who used to work at the NIH's National Cancer Institute:

https://www.nih.gov/research-training/lasker-clinical-research-scholars/tenured-former-scholars

Love presumes Hinrichs is the owner of Scarlet TCR, but neither the NIH nor Scarlet TCR nor Hinrichs will confirm it. Hinrichs was one of the publicly-funded researchers who worked on the new TCR therapy, for which he received a salary.

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Tenured and Former Scholars

Former Lasker Scholars - Lasker Clinical Research Scholars

National Institutes of Health (NIH)

This new drug was paid for out of the public purse. The basic R&D - salaries for Hinrichs and his collaborators, as well as funding for their facilities - came out of NIH grants. So did the funding for the initial Phase I trial, and the ongoing large Phase II trial.

As @ddayen writes in #TheAmericanProspect, the proposed patent transfer will make Hinrichs a very wealthy man (Love calls it "generational wealth"):

https://prospect.org/health/2023-10-18-nih-how-to-become-billionaire-program/

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The NIH’s ‘How to Become a Billionaire’ Program

An obscure company affiliated with a former NIH employee is offered the exclusive license for a government-funded cancer drug.

The American Prospect

This wealth will come by charging us - the public - to access a drug that we paid to produce. The public took all the risks to develop this drug, and Hinrichs stands to become a billionaire by reaping the rewards - rewards that will come by extracting fortunes from terrified people who don't want to die from tumors that are eating them alive.

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The transfer of this patent is indefensible. The government isn't even waiting until the Phase II trials are complete to hand over our commonly owned science.

But there's still time. The NIH is about to get a new director, #MonicaBertagnolli - Hinrichs's former boss - who will need to go before the Senate Health, Education, Labor and Pensions Committee for confirmation.

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Love is hoping that the confirmation hearing will present an opportunity to question #Bertagnolli about the transfer - specifically, why the drug isn't being nonexclusively licensed to *lots* of drug companies who will have to compete to sell the cheapest possible version.

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