The Propaganda for Reform in Proprietary Medicines, Vol. 2 of 2Council on Pharmacy and Chemistry (American Medical Association)
Science
The Propaganda for Reform in Proprietary Medicines, Vol. 2 of 2
Council on Pharmacy and Chemistry (American Medical Association)
Patent medicines
At the present critical time when the efficiency of this nation must
be raised to the highest point, it is essential that the United States
government should lead in the efforts tending to such increased
efficiency. To bring this about the government must protect and
stimulate science, art and industry and at the same time curb or
prevent waste of the country’s resources. In this field the United
States Patent Office has unlimited power for good and evil--good, in
the issuance of patent grants for novel devices and substances which
go to increase national efficiency; evil, in the granting of patent
protection where such protection is not in the interest of national
efficiency, conservation of energy and material resources.
For years the American Medical Association, in common with the
national pharmaceutical bodies, has been urging amendment of the
law which governs the issuance of patents on medicinal preparations
and more particularly revision of the procedure under which such
patents are issued. At the Chicago (1908) meeting of the American
Medical Association a special committee of five was appointed by
the House of Delegates to study the questions involved, and to
cooperate with the Association’s committee on medical legislation in
preparing and securing the enactment of a bill which would correct
the abuses connected with the enforcement of our patent laws (The
Journal A. M. A., June 13, 1908, p. 2003). This committee presented
a comprehensive report at the Atlantic City (1909) meeting of the
American Medical Association (The Journal A. M. A., June 19, 1909,
p. 2063). A further report was presented at the St. Louis (1910)
meeting of the American Medical Association (The Journal A. M. A.,
June 18, p. 2079). In 1911 (The Journal A. M. A., Nov. 25, 1911,
p. 1780) the Council on Pharmacy and Chemistry of the American Medical
Association issued a report which set forth the inadequacy of our
patent laws as they are administered in relation to medical products
particularly.
AGAINST PUBLIC INTEREST
Since that time the Council has continued its study of the U. S. Patent
law as it applies to medicine and has become convinced that in many
instances the patent law or its enforcement is contrary to the best
interest of the public, both as concerns health and prosperity. The
Council feels it a duty at this time to protest against the provisions
of our patent law, or the methods of its enforcement, which permit the
granting of patents without thorough and scientific investigation of
the claims advanced in such letters patent. As one means of improving
conditions the Council urges that the U. S. Public Health Service,
the Bureau of Chemistry, U. S. Department of Agriculture and other
scientific departments of the United States government conversant with
medicines and related subjects be consulted before the issuance of
patents on medicinal preparations.
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