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U.S. Lawmakers Press for Greater Incentives for Development of Biological Weapons Treatments

U.S. lawmakers are preparing legislation that would extend patents on brand-name drugs and reduce the potential liability of drug companies working to produce treatments for biological weapons attacks and natural outbreaks of infectious diseases, the Philadelphia Inquirer reported yesterday (see GSN, Oct. 12, 2004).


“There is no question that if terrorists are able to get their hands on a weaponized biological agent … they will use it in a place where Americans gather in their daily lives,” said Senator Judd Gregg (R-N.H.). “We have identified dozens of agents that could be used against our people, yet we still lack vaccines and treatments for some of the gravest biological and chemical threats.”

Funding and tax breaks under the 2004 Bioshield legislation are not adequate incentives to invest a drug that might never be needed, some pharmaceutical companies say. Bioshield also does not offer protections from lawsuits, according to the Inquirer.

Senators Joe Lieberman (D-Conn.) and Orrin Hatch (R-Utah) are preparing legislation that would allow drug companies to extend patents on biodefense-related medicine beyond the general 10-year useful patent life. Their proposal would also give companies patent extensions on other lucrative drugs if they agree to produce medicine for the biodefense effort, the Inquirer reported.

A bill from Gregg, Senate Majority Leader Bill Frist (R-Tenn.) and Senator Rick Santorum (R-Pa.) would also include patent extensions and liability protection to companies preparing drugs to counter biological attacks or infections such as SARS (Chris Mondics, Philadelphia Inquirer, April 10).

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