On the Pharmaceutical Invention Reward System

Drugs play a very important role in human survival and health, and the drug-related legal system must be designed very carefully. Because of the unique characteristics of drugs, the existing patent system is not running ideally, and has brought many problems. The most seriously problems are following: Firstly, some important drugs have abnormal high prices, so the poor people can’t afford it, it may lead to public health crisis. Secondly, the existing pharmaceutical patent system have misdirected the investment in this area, resulting in the“me-too”drugs and the counterfeit drugs everywhere, some valuable pharmaceutical investment has no one to care. Thirdly, excessive marketing and“the race to be first”brought some“deadweight loss”, in addition, the patent system also make subsequent innovations become difficultly. The existence of these problems makes the operation of the pharmaceutical patent system almost deviate from the original intention of the establishment of the patent system.In this paper, the pharmaceutical invention reward system aimed at changing the existing patent system, and reducing the defect of the existing patent system without harming the incentive function of it. Pharmaceutical invention reward system is an intellectual system arrangement that the government give the drug inventor reward so that the inventor give up their right of patent application and the government put the invention to public domain for people to use freely. It has many advantages: it can solve the abnormal high prices problems of the existing patent system, and resolve the problem of public health crisis at a large extent. It can direct to pharmaceutical investment correctly, and will direct the investment to the valuable projects. It increases the innovative activities and eliminates the social cost of the implementation of the intellectual property system. It can ease the excessive marketing and make the subsequent invention become easily. Pharmaceutical invention reward system is entirely feasible; the government can afford the rewards, people will not resist this system just because the increased taxes. In addition, although the system can not solve the problem of the patent race, but at least can reduces the negative impact of the competition. The pharmaceutical invention reward system has two styles: the selective system and the mandatory system, it also has many methods on the determination of the rewards. China’s pharmaceutical patent system not only have the general defect of the patent system, as well as with its own unique problems, such as high prices has triggered a public health crisis and the“me-too”drugs and the counterfeit drugs have emerged at such a large extent. The reward system of science and technology in China has a long history, but it has great limitations, its function is limited in current china, we can reconstruct it and establish the pharmaceutical invention reward system. The Chinese pharmaceutical invention reward system can not only make up the deficiencies of the patent system, and it also can lead to the rebirth of the reward system of science and technology. The system must adopt the selective reward system, the conditions of the system should be as same as the patent application, the rewards must be raised through taxes, and the amount of reward should be determined by auction.