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CRISPR crunch

Genetic engineering CRISPR crunch A row over who invented a new gene-editing technique heats up Feb 20th 2016  |  WASHINGTON, DC  |...

quinta-feira, 26 de novembro de 2015

Why Innovation in Healthy Care is so hard? PART II

Why Innovation in Health Care Is So Hard? PART I

I really like this news because it's a World Problem.. Health System is always in trouble. Sometimes, I ask to my self, why? I know there are many types of health systems, but I know also that we are the same towards God. I really wish that God bless the humanity. My question is: Is innovation in health system important? I know the answer but yet I'm in doubt in how could we do it? Are there solutions? I agree when the Regina herzlinger said that "such problemns beg for innovative solutins involving every aspect of heath care 0 its delivery to consumers, its technology, and, mainly, its business model." And I complete this sentence with its question of sustainability of every way. A sustainable world it's not only an environmental aspect, its a holystic question.
by Mayara Rezende

News by Regina Herzlinger

Health care—in the United States, certainly, but also in most other developed countries—is ailing and in need of help. Yes, medical treatment has made astonishing advances over the years. But the packaging and delivery of that treatment are often inefficient, ineffective, and consumer unfriendly.
The well-known problems range from medical errors, which by some accounts are the eighth leading cause of death in the United States, to the soaring cost of health care. The amount spent now represents about one-sixth of the U.S. gross domestic product; it continues to grow much faster than the economy; and it threatens the economic future of the governments, businesses, and individuals called upon to foot the bill. Despite the outlay, more than 40 million people have no health insurance.
Such problems beg for innovative solutions involving every aspect of health care—its delivery to consumers, its technology, and its business models. Indeed, a great deal of money has been spent on the search for solutions. U.S. government spending on health care R&D, which came to $26 billion in 2003, is topped only by the government’s spending on defense R&D. Private-sector spending on health care R&D—in pharmaceuticals, biotechnology, medical devices, and health services—also runs into the tens of billions of dollars. According to one study of U.S. companies, only software spawns more new ventures receiving early-stage angel funding than the health field.
Despite this enormous investment in innovation and the magnitude of the opportunity for innovators to both do good and do well, all too many efforts fail, losing billions of investor dollars along the way. Some of the more conspicuous examples: the disastrous outcome of the managed care revolution, the $40 billion lost by investors to biotech ventures, and the collapse of numerous businesses aimed at bringing economies of scale to fragmented physician practices.
So why is innovation so unsuccessful in health care? To answer, we must break down the problem, looking at the different types of innovation and the forces that affect them, for good or ill. (See the sidebar “Six Forces That Can Drive Innovation—Or Kill It.”) This method of analysis, while applied here mainly to health care in the U.S., also offers a framework for understanding the health care problems of other developed economies—and for helping managers understand innovation challenges in any industry.

A Health Care Innovation Catalog

Three kinds of innovation can make health care better and cheaper. One changes the ways consumers buy and use health care. Another uses technology to develop new products and treatments or otherwise improve care. The third generates newbusiness models, particularly those that involve the horizontal or vertical integration of separate health care organizations or activities.

Consumer focused.

Innovations in the delivery of health care can result in more-convenient, more-effective, and less-expensive treatments for today’s time-stressed and increasingly empowered health care consumers. For example, a health plan can involve consumers in the service delivery process by offering low-cost, high-deductible insurance, which can give members greater control over their personal health care spending. Or a health plan (or service provider) can focus on becoming more user-friendly. Patients, after all, are like other consumers: They want not only a good product—quality care at a good price—but also ease of use. People in the United States have to wait an average of three weeks for an appointment and, when they show up, 30 minutes to see a doctor, according to a 2003 study by the American Medical Association. More seriously, they often must travel from one facility to another for treatment, especially in the case of chronic diseases that involve several medical disciplines.

Technology.

New drugs, diagnostic methods, drug delivery systems, and medical devices offer the hope of better treatment and of care that is less costly, disruptive, and painful. For example, implanted sensors can help patients monitor their diseases more effectively. And IT innovations that connect the many islands of information in the health care system can both vastly improve quality and lower costs by, for example, keeping a patient’s various providers informed and thereby reducing errors of omission or commission.

Business model.

Health care is still an astonishingly fragmented industry. More than half of U.S. physicians work in practices of three or fewer doctors; a quarter of the nation’s 5,000 community hospitals and nearly half of its 17,000 nursing homes are independent; and the medical device and biotechnology sectors are made up of thousands of small firms. Innovative business models, particularly those that integrate health care activities, can increase efficiency, improve care, and save consumers time. You can roll a number of independent players up into a single organization—horizontal integration—to generate economies of scale. Or you can bring the treatment of a chronic disease under one roof—vertical integration—and make the treatment more effective and convenient. In the latter case, patients get one-stop shopping and are freed from the burden of coordinating their care with myriad providers (for example, the ophthalmologists, podiatrists, cardiologists, neurologists, and nephrologists who care for diabetics). Such “focused factories,” to adopt C. Wickham Skinner’s term, cut costs by improving patients’ health. Furthermore, they reduce the likelihood that an individual’s care will fall between the cracks of different medical disciplines.
The health care system erects an array of barriers to each of these valuable types of innovation. More often than not, though, the obstacles can be overcome by managing the six forces that have an impact on health care innovation.

The Forces Affecting Innovation

The six forces—industry players, funding, public policy, technology, customers, and accountability—can help or hinder efforts at innovation. Individually or in combination, the forces will affect the three types of innovation in different ways.

Players.

The health care sector has many stakeholders, each with an agenda. Often, these players have substantial resources and the power to influence public policy and opinion by attacking or helping the innovator. For example, hospitals and doctors sometimes blame technology-driven product innovators for the health care system’s high costs. Medical specialists wage turf warfare for control of patient services, and insurers battle medical service and technology providers over which treatments and payments are acceptable. Inpatient hospitals and outpatient care providers vie for patients, while chains and independent organizations spar over market influence. Nonprofit, for-profit, and publicly funded institutions quarrel over their respective roles and rights. Patient advocates seek influence with policy makers and politicians, who may have a different agenda altogether—namely, seeking fame and public adulation through their decisions or votes.
The competing interests of the different groups aren’t always clear or permanent. The AMA and the tort lawyers, bitter foes on the subject of physician malpractice, have lobbied together for legislation to enable people who are wrongly denied medical care to sue managed-care insurance plans. Unless innovators recognize and try to work with the complex interests of the different players, they will see their efforts stymied.
The competing interests of different players aren’t always permanent. The AMA and the tort lawyers, bitter foes on malpractice, have lobbied together to allow patients to sue managed care plans.

Funding.

Innovation in health care presents two kinds of financial challenges: funding the innovation’s development and figuring out who will pay how much for the product or service it yields. One problem is the long investment time needed for new drugs or therapies that require FDA approval. While venture capitalists backing an IT start-up may be able to get their money out in two to three years, investors in a biotech firm have to wait ten years even to find out whether a product will be approved for use. Another problem is that many traditional sources of capital aren’t familiar with the health care industry, so it’s difficult to find investors, let alone investors who can provide helpful guidance to the innovator.
A frequent source of investor confusion is the health care sector’s complex system of payments, or reimbursements, which typically come not from the ultimate consumer but from a third party—the government or a private insurer. This arrangement raises an array of issues. Most obviously, insurers must approve a new product or service, and its pricing, before they will pay. And their perception of a product’s value, which determines the level of reimbursement, may differ from patients’. Furthermore, insurers may disagree. Medicare, whose relationships with its enrollees sometimes last decades, may see far more value in an innovation with a long-term cost impact, such as an obesity reduction treatment or an expensive diagnostic test, than would a commercial insurer, which typically sees an annual 20% turnover. An additional complication: Innovations need to appeal to doctors, who are in a position to recommend new products to patients, and doctors’ opinions differ. From a financial perspective, a physician who is paid a flat salary by a health maintenance organization may be less interested in, say, performing a procedure to implant a monitoring device than would a doctor who is paid a fee for such services.

Policy.

Government regulation of health care can sometimes aid innovation (“orphan drug” laws provide incentives to companies that develop treatments for rare diseases) and sometimes hinder it (recent legislation in the United States placed a moratorium on the opening of new specialty hospitals that focus on certain surgical procedures). Thus, it is important for innovators to understand the extensive network of regulations that may affect a particular innovation and how and by whom those rules are enacted, modified, and applied. For instance, officials know they will be punished by the public and politicians more for underregulating—approving a harmful drug, say—than for tightening the approval process, even if doing so delays a useful innovation.
A company with a new health care idea should also be aware that regulators, to demonstrate their value to the public, may ripple their muscles occasionally by tightly interpreting ambiguous rules or punishing a hapless innovator.

Technology.

As medical technology evolves, understanding how and when to adopt or invest in it is critically important. Move too early, and the infrastructure needed to support the innovation may not yet be in place; wait too long, and the time to gain competitive advantage may have passed.
Keep in mind that competition exists not only within each technology—among drugs aimed at a disease category, for example—but also across different technologies. The polio vaccine eventually eliminated the need for drugs, devices, and services that had been used to treat the disease, just as kidney transplants have reduced the need for dialysis. Conversely, the discovery of an effective molecular diagnostic method for a disease such as Alzheimer’s would greatly enhance the demand for therapeutic drugs and devices.

Customers.

The empowered and engaged consumers of health care—the passive “patient” increasingly seems an anachronistic term—are a force to be reckoned with in all three types of health care innovation. Sick people and their families join disease associations such as the American Cancer Society that lobby for research funds. Interest groups, such as the elderly, advocate increased funding for their health care needs through powerful organizations such as AARP. Those who suffer from various ailments pressure health care providers for access to drugs, diagnostics, services, and devices they consider effective.
What’s more, consumers spend tremendous sums out of their own pockets on health care services—for example, an estimated $40 billion on complementary medicine such as acupuncture and meditation—that many traditional medical providers believe to be of dubious value. Armed with information gleaned from the Internet, such consumers disregard medical advice they don’t agree with, choosing, for example, to shun certain drugs doctors have prescribed. A company that recognizes and leverages consumers’ growing sense of empowerment, and actual power, can greatly enhance the adoption of an innovation.

Accountability.

Increasingly, empowered consumers and cost-pressured payers are demanding accountability from health care innovators. For instance, they require that technology innovators show cost-effectiveness and long-term safety, in addition to fulfilling the shorter-term efficacy and safety requirements of regulatory agencies. In the United States, the numerous industry organizations that have been created to meet these demands haven’t fully succeeded in doing so. For example, a study found that the accreditation of hospitals by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), an industry-dominated group, had scant correlation with mortality rates.
One reason for the limited success of these agencies is that they typically focus on process rather than on output, looking, say, not at improvements in patient health but at whether a provider has followed a treatment process. However well intentioned, these bodies usually aren’t neutral auditors focused on the consumer but rather are extensions of the industries they regulate. For instance, JCAHO and the National Committee for Quality Assurance, the agencies primarily responsible for monitoring compliance with standards in the hospital and insurance sectors, are overseen mainly by the firms in those industries.
But whether the agents of accountability are effective or not, health care innovators must do everything possible to try to address their often opaque demands. Otherwise, innovating companies face the prospect of a forceful backlash from industry monitors or the public.

The Barriers to Innovation

Unless the six forces are acknowledged and managed intelligently, any of them can create obstacles to innovation in each of the three areas.

In consumer-focused innovation.

The existence of hostile industry players or the absence of helpful ones can hinder consumer-focused innovation. Status quo organizations tend to view such innovation as a direct threat to their power. For example, many physicians resent direct-to-consumer pharmaceutical advertising or for-profit attempts to provide health care in convenient locations, such as shopping malls, and use their influence to resist such moves. Conversely, companies’ attempts to reach consumers with new products or services are often thwarted by a lack of developed consumer marketing and distribution channels in the health care sector as well as a lack of intermediaries, such as distributors, who would make the channels work. Opponents of consumer-focused innovation may try to influence public policy, often by playing on the general bias against for-profit ventures in health care or by arguing that a new type of service, such as a facility specializing in one disease, will cherry-pick the most profitable customers and leave the rest to nonprofit hospitals. Innovators must therefore be prepared to respond to those seeking accountability for a new product’s or new service’s cost-effectiveness, efficacy, and safety.
It also can be difficult for innovators to get funding for consumer-focused ventures because few traditional health care investors have significant expertise in products and services marketed to and purchased by the consumer. This hints at another financial challenge: Consumers generally aren’t used to paying for conventional health care. While they may not blink at the purchase of a $35,000 SUV—or even a medical service not traditionally covered by insurance, such as cosmetic surgery or vitamin supplements—many will hesitate to fork over $1,000 for a medical image. Insurers and other third-party payers also may resist footing the bill for some consumer-focused services—for example, increased diagnostic testing—fearing a further increase in their costs.
These barriers impeded—and ultimately helped kill or drive into the arms of a competitor—two companies that offered innovative health care services directly to consumers. Health Stop was a venture capital–financed chain of conveniently located, no-appointment-needed health care centers in the eastern and midwestern U.S. for patients who were seeking fast medical treatment and did not require hospitalization. Although designed to serve people who had no primary care doctor or who needed treatment on nights and weekends, Health Stop unwittingly found itself competing with local community doctors and nonprofit hospital emergency rooms for business.
Guess who won? The community doctors bad-mouthed Health Stop’s quality of care and its faceless corporate ownership, while the hospitals argued in the media that their emergency rooms could not survive without revenue from the relatively healthy patients whom Health Stop targeted. The criticism tarnished the chain in the eyes of some patients. Because Health Stop hadn’t fully anticipated this opposition, it hadn’t worked in advance with the local physicians and hospitals to resolve problems and to sufficiently document to the medical community the quality of its care. The company’s failure to foresee these setbacks was compounded by the lack of health services expertise of its major investor, a venture capital firm that typically bankrolled high-tech start-ups. Although the chain had more than 100 clinics and generated annual sales of more than $50 million during its heyday, it was never profitable. The business was dissolved after a decade.
HealthAllies, founded as a health care “buying club” in 1999, met a similar fate. By aggregating purchases of medical services not typically covered by insurance—such as orthodontia, in vitro fertilization, and plastic surgery—it hoped to negotiate discounted rates with providers, thereby giving individual customers, who paid a small referral fee, the collective clout of an insurance company. It was a classic do-good, do-well venture, but it failed to flourish.
The main obstacle was the health care industry’s absence of marketing and distribution channels for individual consumers. Potential intermediaries weren’t sufficiently interested. For many employers, adding this service to the subsidized insurance they already offered employees would have meant new administrative hassles with little benefit. Insurance brokers found the commissions for selling the service—a small percentage of a small referral fee—unattractive, especially as customers were purchasing the right to participate for a one-time medical need rather than renewable policies. Without marketing channels, the company found that its customer acquisition costs were too high. HealthAllies was bought for a modest amount in 2003. UnitedHealth Group, the giant insurance company that took it over, has found ready buyers for the company’s service among the many employers it already sells insurance to.

In technology-based innovation.

The obstacles to technological innovations are numerous. On the accountability front, an innovator faces the complex task of complying with a welter of often murky governmental regulations, which increasingly require companies to show that new products not only do what’s claimed, safely, but also are cost-effective relative to competing products.
As for funding, the innovator must work with insurers in advance of a launch to see to it that the product will be eligible for reimbursement (usually easier if it’s used in treatment than if it’s for diagnostic purposes). In seeking this approval, the innovator will typically look for support from industry players—physicians, hospitals, and an array of powerful intermediaries, including group purchasing organizations, or GPOs, which consolidate the purchasing power of thousands of hospitals. GPOs typically favor suppliers with broad product lines rather than a single innovative product. The intermediaries also include pharmaceutical benefit managers, or PBMs, which create “formularies” for health insurers—that is, the menu of drugs that will be made available at relatively low prices to enrollees.
Innovators must also take into account the economics of insurers and health care providers and the relationships among them. For instance, insurers do not typically pay separately for capital equipment; payments for procedures that use new equipment must cover the capital costs in addition to the hospital’s other expenses. So a vendor of a new anesthesia technology must be ready to help its hospital customers obtain additional reimbursement from insurers for the higher costs of the new devices.
Even technologies that unambiguously reduce costs—by substituting capital for labor, say, or shortening the length of a hospital stay—face challenges. Because insurers tend to analyze their costs in silos, they often don’t see the link between a reduction in hospital labor costs and the new technology responsible for it; they see only the new costs associated with the technology. For example, insurers may resist approving an expensive new heart drug even if, over the long term, it will decrease their payments for cardiac-related hospital admissions.
Because insurers tend to analyze their costs in silos, they may resist approving, say, an expensive new heart drug even if it will decrease the company’s payments for cardiac-related hospital admissions.
Innovators must also take pains to identify the best parties to target for adoption of a new technology and then provide them with complete medical and financial information. Traditionally trained surgeons, for instance, may take a dim view of what are known as minimally invasive surgery, or MIS, techniques, which enable radiologists and other nonsurgeons to perform operations. In the early days of MIS, a spate of articles that could be interpreted as an attempt by surgeons to protect their turf appeared in the New England Journal of Medicine claiming the techniques would cause an explosion of unneeded surgeries.
A little-appreciated barrier to technology innovation involves technology itself—or, rather, innovators’ tendency to be infatuated with their own gadgets and blind to competing ideas. While an innovative product may indeed offer an effective treatment that would save money, particular providers and insurers might, for a variety of reasons, prefer a completely different technology.
One technology-driven medical device firm saw a major product innovation foiled by several such obstacles. The company’s product, an instrument for performing noninvasive surgery to correct acid reflux disease, simplified an expensive and complicated operation, enabling gastroenterologists to perform a procedure usually reserved for surgeons. The device would have allowed surgeons to increase the number of acid reflux procedures they performed. But instead of going to the surgeons to get their buy-in, the company targeted only gastroenterologists for training, setting off a turf war. The firm also failed to work out with insurers a means to obtain coverage and payment—it didn’t even obtain a new billing code for the device—before marketing the product. Without these reimbursement protocols in place, physicians and hospitals were reluctant to quickly adopt the new procedure.
Perhaps the biggest barrier was the company’s failure to consider a formidable but less-than-obvious competing technology, one that involved no surgery at all. It was an approach that might be called the “Tums solution.” Antacids like Tums—and, even more effectively, drugs like Pepcid and Zantac, which had recently come off patent—provided some relief and were deemed good enough by many consumers. As a result, the technologically innovative device for noninvasive surgery was adopted very slowly, permitting rival firms to enter the field.
Similarly, a company that developed a cochlear implant for the profoundly deaf was so infatuated with the technology that it didn’t foresee opposition from militant segments of the hearing-impaired community that objected to the concept of a technological “fix” for deafness.

In business model innovation.

The integration of health care activities—consolidating the practices of independent physicians, say, or integrating the disparate treatments of a particular disease—can lower costs and improve care. But doing this isn’t easy. Many management firms that sought to horizontally integrate physician practices are now bankrupt. And specialty facilities designed to vertically integrate the treatment of a particular disease, from prevention to cure, have generally lost money.
As with consumer-focused innovations, ventures that experiment with new business models often face opposition from local hospitals, physicians, and other industry players for whom such innovation poses a competitive threat. Powerful community-based providers that might be harmed by a larger or more efficient rival work to undermine the venture, often playing the public policy card by raising antitrust concerns or making the most of prejudices or laws against physician-owned businesses.
Nonprofit health services providers cannot easily merge, because they tend to lack the capital to buy one another. While capital is usually available for funding for-profit ventures that are based on horizontal consolidation, vertically integrated organizations may encounter greater difficulties in securing investment, because there typically isn’t reimbursement for integrated treatment of a disease (think of breast cancer). Instead, payment is piecemeal. Although Duke University Medical Center’s specialized congestive heart failure program reduced the average cost of treating patients by $8,600, or about 40%, by improving their outcomes and therefore their hospital admission rates, the facility was penalized by insurers, which pay for care of the sick and not for improving people’s health status. The healthier its patients were, the more money Duke lost.
Technology also plays a part in the success or failure of such operations. Without a robust IT infrastructure, an organization won’t be able to deliver the promised benefits of integration. This may not be immediately obvious to people in the health care industry, which is near the bottom of the ladder in terms of IT spending and uniform data standards.
Such obstacles contributed to the problems of MedCath, a North Carolina–based for-profit chain of hospitals specializing in cardiac surgical procedures. In each of the 12 markets where it opened in the late 1990s and early 2000s, the company faced resistance from general-purpose hospitals. They argued that instead of offering cheaper care and better outcomes because of its specialized focus (as the company claimed), MedCath was simply skimming the profitable patients. In some cases, local hospitals strong-armed commercial insurers into excluding MedCath from their lists of approved providers, threatening to cut their own ties with the insurers if they failed to blackball MedCath.
The resistance was further fueled by resentment among local doctors toward MedCath physicians, all of whom were part owners of the chain. The ownership issue also raised problems on another front. Spurred by arguments that conflicts of interest were unavoidable at MedCath and other physician-owned hospitals, Congress in 2003 placed a moratorium on the future growth of such facilities.

Avoiding the Obstacles

Only legislators can remove the barriers to health care innovation that are the result of current laws and regulations (see the sidebar “Prescriptions for Public Policy”). But companies are far from helpless. A few simple steps can position your business to thrive, despite the obstacles. First, recognize the six forces. Next, turn them to your advantage, if possible. If not, work around them, or, if necessary, concede that a particular innovative venture may not be worth pursuing, at least for now.
MinuteClinic, a Minneapolis-based chain of walk-in clinics located in retail settings such as Target stores, avoided some of the obstacles that hobbled Health Stop in its effort atconsumer-focused innovation. Like Health Stop, MinuteClinic offers basic health care designed with the needs of cost-conscious and time-pressed consumers in mind. It features short waits and low prices—even lower than Health Stop’s, because MinuteClinic treats only a limited set of common ailments (such as strep throat and bladder infections) that don’t require expensive equipment. But the big difference is that MinuteClinic hasn’t antagonized local physicians. Because care is provided by nurse practitioners, the company doesn’t represent a direct competitive threat. Although some doctors have grumbled that nurse practitioners might fail to spot more serious problems, especially in infants, there has been no widespread outcry against MinuteClinic, making the establishment of in-network relationships with major health plans relatively easy.
Companies are far from helpless in the face of obstacles to health care innovation. A few simple steps can position your business to thrive.
Medtronic was one of the first makers of implantable heart pacemakers, but over the years, the Minneapolis-based company branched into other medical and surgical devices. The company’s success is partly based on its ability to avoid some of the barriers to technology innovation that beset the previously mentioned developer of an acid-reflux device. For example, when Medtronic expanded into implantable heart defibrillators, it worked directly with the surgeons who would be implanting them so that the company could identify problems and set procedures. It confirmed the devices’ safety and efficacy in clinical trials, which greatly simplified reimbursement approval from insurers. And, of course, there was no effective Tums equivalent as an alternative.
HCA (originally known as Hospital Corporation of America) successfully pioneered a business model innovation that allowed it to consolidate the management of dozens of facilities and thereby realize economies of scale unknown in the fragmented health care industry. The national chain—currently 190 hospitals and 200 outpatient centers—succeeded in part because it didn’t try to compete head-to-head with politically powerful academic medical centers. Instead, it grew mostly through expansion into underserved communities, where customers were grateful for a local hospital and where doctors welcomed the chance to work in modern facilities. The certainty of reimbursement from insurers and Medicare enabled HCA to borrow heavily for construction, and its access to the equity markets as a public company offered funding that was unavailable to nonprofit hospitals. In the late 1990s, HCA was investigated for Medicare and Medicaid fraud and paid a settlement of $1.7 billion, the largest fraud settlement in U.S. history. No criminal charges were brought against the company, and some people wondered whether a nonprofit institution would have paid so dearly for its alleged misdeeds. But the publicly traded company weathered the crisis and, with a new management team in place, has continued to perform well.

An All-Purpose Treatment

The framework described in this article—the three types of health care innovation and the six forces that affect them—offers a useful way to examine the barriers to innovation in health care systems outside the United States, too. For example, in certain European countries, the government’s role as the primary payer for health care has created a different interplay among the six forces.
For obvious reasons, the single-payer system hinders customer-focused innovation. But it also seriously constrains technology-based innovation. The government’s need to strictly control costs translates into less money to spend on care of the truly sick, who are the target of most technology-based innovation. Consequently, a large venture-capital community hasn’t grown up in Europe to fund new health technology ventures. Centralized health care systems, with their buying clout, also keep drug and medical device prices low—delighting consumers but squeezing margins for innovators. The centralized nature of the systems would seem to offer the potential for innovation in the treatment of diseases where a lot of integration is needed, but the record is mixed.
Modified to fit the situation, this framework can also be used to analyze the barriers to innovation in a variety of industries. Cataloging the types of innovation that can add value in particular fields and identifying the forces that aid and undermine those advances can uncover insights on how to treat chronic innovation ills—prescriptions that will make any industry healthier.

terça-feira, 24 de novembro de 2015

Redação do pedido de Patente: a chave para o sucesso

Escrevo hoje sobre um tema muito relevante aqui no Brasil: redação de pedidos de patentes.

Em meu trabalho de especialização, descrevo os principais erros cometidos na hora de escrever um pedido de patentes. Esses erros, por sua vez, podem culminar no indeferimento do pedido.

Lembrando que a AN127 foi revogada. Contamos hoje com a Resolução Normativa 30 e 31 de 2013 para os pedidos de patentes!

Nesse sentindo, encontrei uma reportagem muito relevante sobre o tema e queria compartilhar com vocês.

Por Lilian Burgardt
Escrever bem não é uma tarefa fácil, especialmente quando o tema exige o uso da linguagem formal e, ao mesmo tempo, um texto claro, conciso e objetivo, como é o caso de um pedido de Patente. Sendo assim, para muitos pesquisadores, especialmente para os que se especializam em áreas técnicas, pôr sua invenção no papel se transforma em um verdadeiro sofrimento. No entanto, há como driblar estas dificuldades e se sair bem na redação de um pedido de Patente - desde que o requerente se disponha a dedicar boa parte de seu tempo à leitura.
Durante o curso sobre Redação de Pedido de Patentes, ministrado pela analista de Patentes do INPI (Instituto Nacional de Propriedade Industrial), Elisabeth Omar Ribeiro Rosa, no último dia 07 de julho, em Campinas, a surpresa. Entre os quase 90 participantes presentes, entre alunos e pesquisadores, apenas três afirmaram já ter lido algum pedido de Patente. "Esse é um comportamento que o pesquisador brasileiro precisa mudar. Para se escrever bem é fundamental apostar na leitura e releitura de textos", declara.
Neste caso, quem nunca abriu um pedido de Patente em sua área para ter ao menos uma base de como iniciar sua redação já está em desvantagem. No entanto, a analista destaca que não basta sair por aí fazendo buscas e análises sem critério, ou tentar ganhar tempo lendo apenas título e resumo dos pedidos. O pesquisador interessado deve ir à fundo, procurar em outras redações linhas de pensamento e informações que vão ao encontro do seu trabalho para que, além de servir de exemplo, os textos também possam servir como fundamentação teórica de seu pedido. "Tendo isso em mente, o pesquisador já terá avançado no processo de aprendizagem da redação de um bom pedido de Patente", revela.
Além de buscar material para fundamentar seu trabalho, o pesquisador deve seguir alguns passos para obter um bom resultado em sua redação. O primeiro deles é ter como livro de cabeceira o Ato Normativo 127, descritivo das regras para escrever um pedido de Patente dentro dos padrões legais. "A maioria dos pesquisadores não leu ou não compreendeu as questões presentes no Ato Normativo 127, o que é uma grande falha, já que ele serve como tutorial para quem vai fazer este tipo de redação", lamenta.(Clique aqui e acesse o Ato Normativo 127).
Para Elisabeth, o Ato Normativo é de extrema importância pois tem as especificações corretas para que o pesquisador consiga identificar em qual categoria se encaixa seu projeto, seja ela PI (Patente de Invenção), que corresponde a uma invenção tecnológica em que consta o desenvolvimento de um novo processo, ou Patente MU (Modelo de Utilidade), que corrresponde a uma modificação de um objeto que tenha por objetivo sua melhor utilização. Fator crucial a ser observado pelo pesquisador antes de depositar sua Patente.
Isso porque, cada categoria possui exigências distintas, descritas a seguir, que, se desrespeitadas, são responsáveis pela reprovação do pedido. "Por exemplo, um pesquisador que tem uma invenção PI e deposita como MU não conseguirá mudar de categoria após o depósito da Patente pois os padrões de descrição do Modelo de Utilidade são completamente diferentes do pedido de Patente de Invenção, que são, geralmente, mais complexos justamente pela importância da invenção", explica. "Nestes casos, infelizmente, o pedido será indeferido por insuficiência descritiva", lamenta.
Segundo Elisabeth, uma vez que o pedido de Patente é publicado, outro pesquisador pode efetuar o descritivo correto e apresentá-lo ao INPI. Além disso ela revela que, 95% das Patentes de Polímeros, na área química, por exemplo, são concedidas à empresas multinacionais, que, assim como na maior parte das áreas de Patente, está muito à frente do Brasil. "? muito triste indeferir a pequena porcentagem de pedidos de pesquisadores brasileiros, especialmente por falta de suficiência descritiva. Por isso, é fundamental que a redação esteja impecável e que o pesquisador saiba identificar quando sua invenção corresponde a categoria de PI ou de MU", declara.
Identificando PI e MU
Para a pesquisadora, embora em alguns casos as diferenças pareçam sutis, as características das invenções são bem diferentes. "Costumo dizer que PI tem como base a criação de uma solução, uma técnica ou um sistema que traga um novo resultado. Já a patente MU está intrínsecamente relacionada à forma, ao design", diz.
Quando se trata da invenção de um processo, ou seja, de PI, as regras costumam ser bastante rígidas. O pesquisador deve descrever sua invenção apresentando o estado da técnica atual, citando documentos que comprovem os problemas técnicos existentes, e, a partir daí, comprovar as vantagens que sua invenção pode trazer em benefício ao setor de maneira que um técnico no assunto possa compreendê-la. Ou seja, é preciso buscar referências na concorrência comprovando que sua técnica pode superar o produto, apontando as falhas e as vantagens da sua invenção. "Não basta falar que a técnica de desenvolvimento de seu pneu, por exemplo, oferece maior segurança e resistência em relação aos que os estão disponíveis no mercado. ? preciso comprovar", diz.
Neste caso, o pesquisador deve apontar os tipos de processos de produção de pneus existentes e suas falhas comparando-os com sua invenção. Assim, será possível ter uma panorama do setor e conceder a Patente. Estas informações devem estar muito bem detalhadas no Relatório Descritivo do pedido de Patente, segundo a analista, a etapa mais importante da redação. "? no Relatório Descritivo que o pesquisador deve detalhar sua invenção, nele é que irão constar informações precisas sobre o projeto, vantangens e desvatangens em relação à concorrência. Portanto, esta é a etapa que deve exigir maior nível de detalhamento e atenção do pesquisador", revela.
Por se tratar da parte mais importante do pedido de Patente, Elisabeth declara que é neste campo em que se deve buscar as informações da concorrência. "Se existirem 200 indústrias de fabricação de pneus, o pesquisador deve ler um por um dos Relatórios Descritivos dos pedidos de Patente para certificar-se de que sua invenção não está em conflito com o trabalho desenvolvido por outro pesquisador ou indústria", diz.
Vale ressaltar novamente: nada de ler apenas título e resumo. Se o pesquisador quer atestar que sua invenção realmente supre as falhas e necessidades do setor à que pertence, por mais que a concorrência seja grande, é fundamental buscar fundamentação teórica. "Se o trabalho estiver sendo desenvolvido por uma grande empresa, cuidado redobrado. O pedido tem que ser forte, não pode oferecer riscos à companhia, afinal de contas, o registro de Patente está lidando, acima de tudo, com dinheiro e é traduzido em um grande investimento", reforça.
Embora a Patente de MU não exija grande nível de detalhamento, já que se trata de uma melhoria na utilização de um objeto, também possui necessidades específicas que devem ser observadas. Dentro do Relatório Descritivo, que nesta categoria também desempenha papel fundamental, cabe ao pesquisador apontar as falhas da concorrência (sem a necessidade de uma busca detalhada de seus processos), apontando as soluções que sua invenção pode trazer.
Um exemplo disso é a criação do lápis sextavado, explica a analista. "O pesquisador pode relatar que decidiu criar este lápis pois o lápis cilíndrico, em superfícies lisas, e/ou inclinadas, pode deslizar e cair, quebrando o grafite, enquanto o seu, devido ao design, resulta em uma fixação", diz. Outro exemplo que pode ser utilizado é o caso do apagador de quadro. "O simples apagador, de superfície lisa, muitas vezes deslizava das mãos dos professores. Após a adpatação de pequenas ranhuras, tornou-se mais estável e fácil de segurar", diz.
Agora que você já observou as principais diferenças entre os pedidos de PI (Patente de Invenção) eMU (Modelo de Utilidade), clique sobre cada um dos links para verificar, passo a passo, os itens que devem ser observados para a redação de um pedido de Patente.
Se mesmo assim, você pesquisador, ligado à universidade, ainda tiver dúvidas e dificuldades quanto à redação do pedido de Patente informe-se sobre a existência de uma agência de pedido de Patente em sua instituição. A Universidade Estadual de Campinas e a Universidade Federal de Minas Gerais, por exemplo, oferecem este serviço para seus pesquisadores. Caso sua universidade não disponha deste recurso, outra opção interessante pode ser pedir auxílio ou Consultoria do INPI, que, segundo Elisabeth, dispõe de uma equipe de analistas para tirar dúvidas e conduzir o pesquisador ao caminho certo para redigir uma proposta de sucesso. 
Para obter orientação do INPI na preparação do pedido de patente, o pesquisador deverá dirigir-se à sede do Instituto, ou entrar em contato pelos telefones: (21) 2139-3314 ou (21) 2139-3797. Para informações sobre o processamento administrativo, pedido de patente (petições, anuidades, etc.) o caminho é via SEAPAT (Seção de Apoio Técnico) ou então pelo telefone (21) 2139-3350. Para outras informações, esclarecimentos e informações sobre pedidos de patente é possível contatar a Diretoria de Patentes pelo telefone: (21) 2139-3592 ou através do e-mail: patente@inpi.gov.br.

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sábado, 21 de novembro de 2015

Innovation: French

France: a leader in startups and innovative companies

- France is ranked second in Europe and fourth worldwide for the most number of patents filed.
- According to a 2013 Thomson Reuters report, 12 French groups (including AIRBUS, L’OREAL, SAINT GOBAIN, ALCATEL LUCENT and VALEO) are among the top 100 global innovators, making France the third top country, after the U.S. and Japan.
- In Deloitte’s 2013 list of the 500 fastest growing startups in Europe, Africa and the Middle East, French companies dominate for the fourth year in a row. Eighty-six French companies made the list, including Ymagisin the top spot.In 2012, Criteo, now quoted on NASDAQ, ranked first.
- President Hollande recently announced a streamlined "one-stop shop process" to attract foreign startups in France, combined with a financial contribution to help them launch.
- Young Entrepreneurs Initiative (YEI) is the French-American accelerator for innovative American startups looking to explore opportunities in France.

France’s commitment to innovation

- France has the largest research and development (RD) tax credit in Europe,which covers 30 percent of all RD costs up to $140 million, and 5 percent above this threshold. Innovation expenses incurred by small and medium-sized enterprises (SMEs) are also eligible for the research tax credit (up to $110,000 per year). This tax benefit for innovative companies totals$69 billion.
- France has a $65 billion National Investment Program aimed at increasing growth potential by fostering investment in higher education and training, scientific and technological research, world-class industrial sectors and innovative SMEs, green technologies and the digital economy. $300 million is specifically earmarked to stimulate the creation and development of French digital companies in France and abroad.
- In France, there are 71 innovation clusters, inspired by the American model, that bring together universities, private companies and research centers, as well as new technology research institutions benefiting from public/private joint investments. These clusters are attracting international partnerships, and 17 cooperation projects with American partners are already in place.
- "Innovation 2030", a worldwide innovation challenge, was launched in December 2013. The challenge is open to French and foreign startups, as well as innovative companies, and is supported by $400 million from the French public investment bank. The goal is to co-finance innovative projects in seven strategic fields: energy storage, recycling of metals, development of marine resources, plant proteins and plant chemistry, personalized medicine, the "silver economy" (innovation in the service of senior citizens) and big data.

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terça-feira, 10 de novembro de 2015

What do you think about it? Do patents really promove innovation and acess? A question of utility

Intellectual property

A question of utility

Patents are protected by governments because they are held to promote innovation. But there is plenty of evidence that they do not


THE Great Exhibition, staged in London in 1851, was intended to show off the inventive genius of Victorian Britain. In doing so it sparked a hardfought debate on intellectual property. On one side were public figures horrified at the thought of inviting the whole world to see the nation’s best ideas, only to have most of it go straight home and copy them. They called for the patent system to be made cheaper and easier to navigate, and for the rights it conferred to be more forcefully upheld. These demands, though, were met with a backlash. Supported by economic liberals who had successfully fought for the repeal of the protectionist Corn Laws a few years earlier, this side of the debate argued that free trade and competition were good for the economy; that patents were a restraint on both; and that therefore patents should be not reformed, but done away with.
The Economist, founded by opponents of the Corn Laws, was an enthusiastic promoter of this abolitionist movement. A leader in our July 26th issue that year thundered that the granting of patents “excites fraud, stimulates men to run after schemes that may enable them to levy a tax on the public, begets disputes and quarrels betwixt inventors, provokes endless lawsuits [and] bestows rewards on the wrong persons.” In perhaps our first reference to what are now called “patent trolls”, we fretted that “Comprehensive patents are taken out by some parties, for the purpose of stopping inventions, or appropriating the fruits of the inventions of others.”
Arguing that patents “rarely give security to really good inventions” and fail at their job of encouraging innovation by rewarding inventors for their efforts, we backed the abolitionists in a debate over patent reforms then in Parliament. Our knockout argument: most of the wonders of the modern age, from mule-spinning to railways, steamships to gas lamps, seemed to have emerged without the help of patents. If the Industrial Revolution didn’t need them, why have them at all?
From Trevithick to trolls
The debate raged on for years and through several changes of government. In 1883, though, Parliament decided that instead of killing patents, it would improve them. The struggle has been taken up again at various times and places. In the first half of the 20th century, for example, many Americans worried that patents were helping corporations such as AT&T monopolise whole industries. In 1938 the Federal Communications Commission urged Franklin Roosevelt to replace them with compulsory licensing. But whenever the issue comes up, lawmakers conclude that the patent system can be perfected and another round of reforms is all that is needed.
During all this time the conceptual and geographical domain of the patent-clerk has expanded. The ability to patent has been extended from physical devices to software and stretches of DNA, not to mention—notably in America—to business processes and financial products. The fear of international competition that came to the fore at the time of the Great Exhibition has seen the system spread around the world, typically as the price that smaller or poorer nations pay for access to the markets of the richer and more lawyered-up. It was this sort of international pressure that brought the Netherlands’ 19th-century experiment with patent abolition to an end. It has been the lure of membership of the World Trade Organisation that has pushed patent rights into emerging economies such as China’s. One of the reasons why talks on the proposed Trans-Pacific Partnership, a trade deal involving countries which produce 40% of the world’s economic output, ended inconclusively last month was the strong patent protection Western countries wanted for biotech-based drugs.
One argument backers like to make is that patents serve the public good. That was not their original purpose. As one of Britain’s 19th-century abolitionists, John Lewis Ricardo, a telegraph entrepreneur and a nephew of David Ricardo, a leading economist, noted in Parliament, sovereigns first introduced them as nice little earners; in the early 17th century King James I was raising £200,000 a year from granting patents. But over time they came to be seen as beneficial to the people as well as to the monarch—a tool with which to “promote the progress of science and useful arts”, as the American constitution puts it.
The public-good position on patents is simple enough: in return for registering and publishing your idea, which must be new, useful and non-obvious, you get a temporary monopoly—nowadays usually 20 years—on using it. This provides an incentive to innovate because it assures the innovator of some material gain if the innovation finds favour. It also provides the tools whereby others can innovate, because the publication of good ideas increases the speed of technological advance as one innovation builds upon another.
This sounds plausible. But is it true? There is much room for doubt. The evidence that the current system encourages companies to invest in research in a way that leads to innovation, increased productivity and general prosperity is surprisingly weak. A growing amount of research in recent years, including a 2004 study by America’s National Academy of Sciences, suggests that, with a few exceptions such as medicines, society as a whole might even be better off with no patents than with the mess that is today’s system.
The post-hoc patent
Michele Boldrin and David Levine, two economists, pulled all this research together in abook published in 2008 and in “The Case Against Patents”, a 2012 paper for the Federal Reserve Bank of St Louis. They argue that patents are neither as good at rewarding innovation nor as helpful in propagating it as claimed.
Take, first, the idea that patents give you a higher rate of innovation. If you look at things such as the number of inventions presented at international fairs, the evidence suggests that 19th-century countries that lacked patent systems were no less innovative than those which had them, though they did innovate in somewhat different areas. Reviewing 23 20th-century studies Mr Boldrin and Mr Levine found “weak or no evidence that strengthening patent regimes increases innovation”—all it does is lead to more patents being filed, which is not the same thing. Several of these studies found that “reforms” aimed at strengthening patent regimes, such as one undertaken in Japan in 1988, for the most part boosted neither innovation nor its supposed cause, R&D spending.
An exception to this general finding reveals another interesting point. A study of Taiwan’s 1986 reforms found that they did lead to more R&D spending in the country and more American patents being granted to Taiwanese people and enterprises. This shows that countries whose patent protection is weaker than others’ can divert investment and R&D spending to their territory by strengthening it. But it does not demonstrate that the overall amount of spending or innovation worldwide has been increased.
If patents encourage worthwhile innovation, then you might expect expansions of the patent system to bring about more of it. Studies from plant breeding suggest this is not so. In 1970 America expanded patent protection to crops that reproduce sexually; subsequent studies on wheat, which is such a crop, showed neither greater research spending nor an increase in the rate at which yields improved. Patent protection on biotech products of all kinds was expanded in the 1980s; as with the change made in 1970, the productivity of American agriculture rose at more or less the same rate after the expansion as before.
When changes in the rate of innovation do occur, they seem to have little to do with patents. Mr Boldrin and Mr Levine observe that in industries from chemicals to carmaking to computer software, waves of innovation began with a surge in inventiveness with lots of participants. Patents only started to be filed years later, once the innovation had died down and the incumbents in the maturing industry were seeking to exclude new entrants, as well as to protect themselves from their rivals’ lawsuits. Patents were a result of successful innovation; its cause was competition.
This is not to say that patents offer no genuine benefits, especially to parties with little access to capital but some ideas. But in many mature, complex manufacturing businesses—aerospace and carmaking, for example—control of the underlying intellectual property is only a small part of what is needed to create and market a world-beating, innovative product. If that were not the case, China’s makers of cars and planes, which have been given a free hand—a helping hand, some competitors say—by their government to pinch Western technology, would be vying with rich-country rivals such as BMW and Boeing. They are not.
In one of the world’s most important businesses, software, there has been something of a backlash against close-held intellectual property. Proprietary software normally does not allow the user access to the source code it depends on; open-source software gives them access to everything as long as any modification they make is made similarly accessible. This can work on a large scale—witness Android, the world’s most successful smartphone operating system.
Pitfalls and piracy
Leaving aside the spurring of innovation, what of the route patents are supposed to provide for its diffusion? That, too, is hard to spot. Mr Boldrin and Mr Levine argue that patent filings tend to be carefully written so as to obscure how the patented idea works even from experts in the field. In his history of intellectual property, “Piracy”, Adrian Johns of the University of Chicago notes that such shenanigans were already under way in the 18th century, with inventors taking care to leave out as much detail as possible from their applications. A counterpart to this defensive ploy is the filing of “submarine” patents: vague and speculative applications made by parties who then try, through various ploys, to keep the application from being granted until other people seem to be making progress on the technology in question. At that point the submarine surfaces with a view to demanding licensing fees.
If patents do not hold many advantages, why do they persist and indeed multiply? In some industries and countries they have become a measure of progress in their own right—a proxy for innovation, rather than a spur. Chinese researchers, under orders to be more inventive, have filed a flurry of patents in recent years (see chart 1). But almost all are being filed only with China’s patent office. If they had real commercial potential, surely they would also have been registered elsewhere, too.
Another reason people might file patents that they don’t need—thus explaining why anything between 40% and 90% of all patents issued are never used or licensed by their owners—is self-defence. In much of the technology industry companies file large numbers of patents (see chart 2), but this is mostly to deter their rivals: if you sue me for infringing one of your thousands of patents, I’ll use one of my stash of patents to sue you back. Such stand-offs make life hard for newcomers: a 2001 study found that fledgling microchip makers were having to spend up to $200m licensing intellectual property that might not be much use to them just to fend off lawsuits. This sort of situation might be good for the incumbents, if not for competition and the public interest; but there is a fair chance it is not good even for them. Some studies have found “thickets” of patents that make it harder for all companies to launch new products.
Even if many industries do not really need patents—and a fair few might be better off without them—there is still a strong belief that in some businesses they are vital. The example always touted is pharmaceuticals. Drugs have to undergo exceptionally expensive and long-drawn-out testing procedures to demonstrate that they are safe and effective. And once a company has laboriously demonstrated that a molecule does its job with few or manageable ill effects, its rivals could make far cheaper copies were it not for patent protection. That is why proponents of patents see it as reasonable to let Bristol-Myers Squibb have a temporary monopoly on Opdivo, its new melanoma drug, and to charge $120,000 per course of treatment in America. If the company could not do so, the argument goes, it would not have spent a fortune on getting the drug and its complex manufacturing process approved.
The Bayer necessities
However, the history of the industry raises doubts about such arguments. Until 1967 German drug companies could only patent the way they made drugs, not the formulae of the drugs themselves. Anyone could sell copies of the medicines if they found another method of making them. Yet Mr Boldrin and Mr Levine say German drugmakers produced more innovations than British ones (remember where aspirin was invented). Another interesting case is Italy, which had no patent protection for drugs until 1978. One study showed it invented a larger proportion of the world’s new medicines before that date than afterwards. Before the “reform” it had lots of copycat firms, but the biggest of these also did research on drugs of their own. They were largely wiped out once they had to pay royalties on their copycat drugs.
It is true that, encouraged by the prospects of patents, pharma companies do a lot more research today than in the 1960s and 1970s. But it is also true that they are not alone in their endeavours. Public support for biomedical research has soared over past decades; the budget of America’s National Institutes of Health is five times what it was in 1970. Mr Boldrin and Mr Levine reckon that once subsidies and tax breaks are accounted for, American private industry pays for only about a third of the country’s biomedical research. In return the patent system provides them with a great deal of income.
The drug companies claim this is a good deal; that the short-term gains a spate of cheap drugs would bring right after a putative abolition would be overshadowed by the long-term losses due to a dearth of new drugs. Looking at one industry-funded studythat reaches this conclusion, though, Mr Boldrin and Mr Levine found it quite sensitive to the discount rate applied to future benefits. In 2005 Dean Baker, an economist at the Centre for Economic and Policy Research, a think-tank in Washington, DC, took a much simpler, but still rather striking, approach: he just compared the costs imposed by the patent system with the innovation that system bought.
America’s health systems, he noted, spent $210 billion on prescription drugs that year. Based on how much cheaper generic drugs were than patented ones, Mr Baker calculated that a competitive patent-free market might have provided the same drugs for no more than $50 billion. That represented a saving of $160 billion.
The drug companies reckoned at the time that they were spending $25 billion on R&D; the government was spending $30 billion on basic medical research. The money it would have been able to save buying drugs for Medicare and Medicaid in a patent-free world have allowed the government to double that research spending, more than replacing industry’s R&D, while still leaving $130 billion in public benefit.
With America’s prescription-drug bill now $374 billion, the opportunity looks all the greater, even though the companies now say they are putting $51 billion a year into R&D. Imagining that the government could spend R&D money as effectively as the corporate sector may sound like a stretch. But a government which simply wanted to make drugs available for competitive manufacture might find various ways to get innovative results from contract research companies. Joseph Stiglitz, an economist at Columbia University, and others have suggested encouraging teams of autonomous scientists to develop new breakthrough drugs by offering those that succeed big prizes.
After a promising drug was found the final, most expensive stages of clinical trials, which measure the efficacy of a drug that has already been shown to be safe, could be publicly funded, using another portion of the huge potential savings from cheaper drugs, and conducted by independent laboratories. Once a medicine was validated, any drug company would be allowed to make it. Alternatively, the trials could be made smaller, with companies required to earn the right to manufacture a drug that had been shown to be safe by scrupulously collecting and publishing data on how the drug compared with other treatments once it was in use.
This is not as strange as it may sound. Many drug startups see their exit strategy as being bought up for a billion dollars or so by a big pharma company when their projects start to look promising. Billion-dollar prizes would provide similar incentives. Nor is it all that new: Robert MacFie, a leading Victorian patent-abolitionist, also favoured prizes.
Six bills to reform patents in some way (including in one case by overturning an earlier reform) have been proposed to the current American Congress. None seeks abolition: any lawmaker brave enough to propose doing away with them altogether, or raising similar questions about the much longer monopolies given to copyright holders, would face an onslaught from the intellectual-property lobby.
But a top-to-bottom re-examination of whether patents and other forms of intellectual-property protection actually do their job, and even whether they deserve to exist, is long overdue. Simple abolition raises problems in terms of the ethics of property rights (see leader). But reductions in the duration of exclusive rights and differentiation between those rights for different sorts of innovation are possible, and could be introduced in steps over a number of years, allowing plenty of time for any ill effects to surface. Experiments with other forms of financing innovation could be run alongside the patent system. If defenders of the patent system really seek to foster innovation, they should be prepared to do so in their own backyard.