Can Patent Pools Help Defeat AIDS?

Medicines that fight HIV and AIDS have made huge strides in the past decade.  However, Stop AIDS Societies published an article this morning that mentioned the potential benefits patent pools may have on the advancement of HIV and AIDS medications.  As the article states, there is currently a push for a European patent pool to be established under the name UNITAID.  But, what would be the potential effects if the same patent pool concept was brought to America for AIDS medication?

The first difference a patent pool would make is reducing the cost of drugs.  Since patents give a company an exclusive right to produce a drug for the duration of the patent, they are free to charge higher prices without the fear of competition.  Patent pools would allow different drug manufacturers to produce their own versions of the patented drugs, bringing down the prices.

Another difference is that patent pools may make medications easier to take.  For instance, people on HIV treatments may have to take different pills at different times of the day.  Doing so can be rather tough, and may restrict patients from different activities.  If a company wanted to combine three or more drugs into one easy-to-take pill, it would need to enter negotiations with all three patent holders.  Patent pools would give companies the access to all of the patents they need, and after paying a royalty fee, the process of combining the drugs would be much easier.

Yet, in order for a patent pool to work well, many companies must join.  If only a handful of companies join the pool will not be successful, as the pool is only as strong as the patents they possess.  One barrier to pharmaceutical companies joining the pool is that at the end of the day, companies are a business.  They may be hard-pressed to give up an extremely high amount of money to pursue altruistic goals.