1
00:00:01,135 --> 00:00:04,952
For my husband,
it was love at first sight.

2
00:00:04,976 --> 00:00:06,246
(Laughter)

3
00:00:06,270 --> 00:00:07,865
Here's what happened.

4
00:00:07,889 --> 00:00:09,839
Years ago, Rudy,

5
00:00:09,863 --> 00:00:13,926
who I had strictly put
in the friend zone at the time,

6
00:00:13,950 --> 00:00:16,410
came over to my house and met my dad,

7
00:00:16,434 --> 00:00:19,552
a pharmaceutical scientist
who had just retired

8
00:00:19,576 --> 00:00:21,783
after bringing a drug to market.

9
00:00:22,339 --> 00:00:23,672
My dad said,

10
00:00:23,696 --> 00:00:25,747
"Ah, you probably
wouldn't have heard of it.

11
00:00:25,771 --> 00:00:27,302
It's for IPF,

12
00:00:27,326 --> 00:00:30,334
idiopathic pulmonary fibrosis."

13
00:00:30,644 --> 00:00:34,564
Rudy paused for a long time,
and then he said,

14
00:00:34,588 --> 00:00:39,065
"That's the disease that took
my father's life 15 years ago."

15
00:00:40,016 --> 00:00:43,103
Rudy says that this
is the moment he fell in love.

16
00:00:43,127 --> 00:00:44,895
(Laughter)

17
00:00:44,919 --> 00:00:46,071
With my father.

18
00:00:46,095 --> 00:00:48,243
(Laughter)

19
00:00:48,847 --> 00:00:52,339
Even though it was too late
for my dad to save his,

20
00:00:52,363 --> 00:00:56,186
he felt that destiny had delivered us
this full-circle moment.

21
00:00:57,224 --> 00:01:01,565
In my family, we have a special love
for my father's inventions.

22
00:01:01,589 --> 00:01:04,950
And in particular, we have
a reverence for his patents.

23
00:01:05,498 --> 00:01:09,459
We have framed patents
on the wall in our house.

24
00:01:09,887 --> 00:01:12,220
And there's a recognition in our family

25
00:01:12,244 --> 00:01:14,547
that everything I've been able to do,

26
00:01:14,571 --> 00:01:17,936
college, law school, health justice work,

27
00:01:17,960 --> 00:01:21,285
all of it is because America
enabled my father

28
00:01:21,309 --> 00:01:24,661
to fulfill his potential as an inventor.

29
00:01:25,411 --> 00:01:29,919
(Applause)

30
00:01:30,363 --> 00:01:34,042
Last year, I met the director
of the US Patent Office

31
00:01:34,066 --> 00:01:35,257
for the first time,

32
00:01:35,281 --> 00:01:38,956
and I sent my family a selfie
from that office in Virginia.

33
00:01:38,980 --> 00:01:39,980
(Laughter)

34
00:01:40,005 --> 00:01:41,900
I got so many emojis back,

35
00:01:41,924 --> 00:01:44,325
you would have thought I had met Beyonce.

36
00:01:44,349 --> 00:01:45,647
(Laughter)

37
00:01:46,187 --> 00:01:47,347
But truth be told,

38
00:01:47,371 --> 00:01:49,752
I was actually there
to talk about a problem.

39
00:01:49,776 --> 00:01:52,189
How our outdated patent system

40
00:01:52,213 --> 00:01:54,831
is fueling the high cost of medicines

41
00:01:54,855 --> 00:01:56,632
and costing lives.

42
00:01:57,315 --> 00:02:01,672
Today, over two billion people
live without access to medicines.

43
00:02:01,696 --> 00:02:03,656
And against this global crisis,

44
00:02:03,680 --> 00:02:05,926
drug prices are skyrocketing,

45
00:02:05,950 --> 00:02:08,331
including in wealthier countries.

46
00:02:08,355 --> 00:02:13,176
Thirty-four million Americans
have lost a family member or a friend

47
00:02:13,200 --> 00:02:15,057
in the last five years,

48
00:02:15,081 --> 00:02:17,382
not because the treatment didn't exist,

49
00:02:17,406 --> 00:02:19,806
but because they couldn't afford it.

50
00:02:20,287 --> 00:02:24,224
Rising drug costs are pushing
families into homelessness,

51
00:02:24,248 --> 00:02:26,581
seniors into bankruptcy

52
00:02:26,605 --> 00:02:30,938
and parents to crowdfunding treatment
for their critically ill children.

53
00:02:31,919 --> 00:02:34,990
There are many reasons for this crisis.

54
00:02:35,014 --> 00:02:38,418
But one is the outdated patent system

55
00:02:38,442 --> 00:02:42,109
that America tries to export
to the rest of the world.

56
00:02:43,026 --> 00:02:45,689
The original intention
behind the patent system

57
00:02:45,713 --> 00:02:48,240
was to motivate people to invent

58
00:02:48,264 --> 00:02:51,852
by rewarding them
with a time-limited monopoly.

59
00:02:51,876 --> 00:02:56,177
But today, that intention
has been distorted beyond recognition.

60
00:02:56,661 --> 00:02:59,884
Corporations have teams
of lawyers and lobbyists

61
00:02:59,908 --> 00:03:05,192
whose sole job is to extend
patent protection as long as possible.

62
00:03:05,795 --> 00:03:08,731
And they've kept the patent office busy.

63
00:03:08,755 --> 00:03:12,403
It took 155 years for the US patent office

64
00:03:12,427 --> 00:03:15,125
to issue its first five million patents.

65
00:03:15,149 --> 00:03:20,228
It took just 27 years
for it to issue the next five million.

66
00:03:20,704 --> 00:03:23,795
We haven't gotten
drastically more inventive.

67
00:03:23,819 --> 00:03:28,477
Corporations have gotten
drastically better at gaming the system.

68
00:03:28,946 --> 00:03:31,200
Drug patents have exploded.

69
00:03:31,224 --> 00:03:35,931
Between 2006 and 2016, they doubled.

70
00:03:36,246 --> 00:03:37,976
But consider this:

71
00:03:38,659 --> 00:03:44,310
The vast majority of medicines
associated with new drug patents

72
00:03:44,334 --> 00:03:45,593
are not new.

73
00:03:45,617 --> 00:03:49,688
Nearly eight out of 10
are for existing ones,

74
00:03:49,712 --> 00:03:52,656
like insulin or aspirin.

75
00:03:53,133 --> 00:03:56,926
My organization,
a team of lawyers and scientists

76
00:03:56,950 --> 00:03:59,173
recently conducted an investigation

77
00:03:59,197 --> 00:04:02,529
into the 12 best-selling drugs in America.

78
00:04:02,553 --> 00:04:04,664
We found that on average

79
00:04:04,688 --> 00:04:09,759
there are 125 patents
filed on each medicine.

80
00:04:10,204 --> 00:04:13,395
Often for things we've known
[unclear] for decades,

81
00:04:13,419 --> 00:04:16,278
like putting two pills into one.

82
00:04:16,855 --> 00:04:19,966
The higher a patent wall a company builds,

83
00:04:19,990 --> 00:04:22,626
the longer they hold on to their monopoly.

84
00:04:22,650 --> 00:04:24,951
And with no one to compete with,

85
00:04:24,975 --> 00:04:27,292
they can set prices at whim.

86
00:04:27,316 --> 00:04:29,308
And because these are medicines,

87
00:04:29,332 --> 00:04:31,419
and not designer watches,

88
00:04:31,443 --> 00:04:33,991
we have no choice but to pay.

89
00:04:34,678 --> 00:04:38,693
The patent wall is a strategy
to block competition.

90
00:04:39,075 --> 00:04:42,268
Not for the 14 years maximum

91
00:04:42,292 --> 00:04:45,963
that America's founders
originally envisioned,

92
00:04:45,987 --> 00:04:48,974
or the 20 years allowed by law today.

93
00:04:49,395 --> 00:04:52,402
But for 40 years or more.

94
00:04:52,854 --> 00:04:56,679
Meanwhile, prices on these drugs
have continued to increase,

95
00:04:56,703 --> 00:04:59,632
68 percent since 2012.

96
00:05:00,306 --> 00:05:04,021
That's seven times the rate of inflation.

97
00:05:04,728 --> 00:05:07,347
And people are struggling or even dying

98
00:05:07,371 --> 00:05:09,704
because they can't afford the meds.

99
00:05:10,912 --> 00:05:13,444
Now, I want to be really clear
about something.

100
00:05:13,468 --> 00:05:17,499
This isn't about making
the pharmaceutical industry the bad guy.

101
00:05:17,523 --> 00:05:19,659
What I'm talking about today

102
00:05:19,683 --> 00:05:23,677
is whether the system we created
to promote progress

103
00:05:23,701 --> 00:05:26,264
is actually working as intended.

104
00:05:27,121 --> 00:05:31,034
Sure, the pharmaceutical companies
are gaming the system,

105
00:05:31,058 --> 00:05:34,016
But they're gaming it because they can.

106
00:05:34,040 --> 00:05:37,656
Because we have failed
to adapt this system

107
00:05:37,680 --> 00:05:40,127
to meet today's realities.

108
00:05:40,151 --> 00:05:41,755
The government is handing out

109
00:05:41,779 --> 00:05:45,093
one of the most prized
rewards in business.

110
00:05:45,117 --> 00:05:47,641
The opportunity to create a product

111
00:05:47,665 --> 00:05:50,466
that is protected from competition,

112
00:05:50,490 --> 00:05:54,236
and asking for less and less
in return on our behalf.

113
00:05:54,720 --> 00:06:00,679
Imagine awarding 100 Pulitzer Prizes
to one author for the same book.

114
00:06:02,735 --> 00:06:04,695
It doesn't have to be this way.

115
00:06:04,719 --> 00:06:07,776
We can create a modern patent system

116
00:06:07,800 --> 00:06:11,219
to meet the needs
of a 21st century society.

117
00:06:11,243 --> 00:06:12,442
And to do that,

118
00:06:12,466 --> 00:06:15,823
we need to reimagine the patent system
to serve the public,

119
00:06:15,847 --> 00:06:17,934
not just corporations.

120
00:06:18,736 --> 00:06:20,003
So how do we do it?

121
00:06:20,752 --> 00:06:22,172
Five reforms.

122
00:06:22,633 --> 00:06:26,332
First, we need to stop
handing out so many patents.

123
00:06:27,077 --> 00:06:29,181
Back under the Kennedy administration,

124
00:06:29,205 --> 00:06:32,753
in an effort to curb rising drug costs,

125
00:06:32,777 --> 00:06:35,738
a congressman from Tennessee
proposed an idea.

126
00:06:36,211 --> 00:06:37,528
He said,

127
00:06:37,552 --> 00:06:39,156
"If you want to tweak a drug,

128
00:06:39,180 --> 00:06:41,576
and you want to get another patent on it,

129
00:06:41,600 --> 00:06:45,768
the modified version has to be
significantly better therapeutically,

130
00:06:45,792 --> 00:06:46,942
for patients."

131
00:06:47,419 --> 00:06:49,037
Because of intense lobbying,

132
00:06:49,061 --> 00:06:51,528
this idea never saw the light of day.

133
00:06:52,464 --> 00:06:55,075
But a reimagined patent system

134
00:06:55,099 --> 00:07:00,123
would resurrect and evolve
this simple, yet elegant proposition.

135
00:07:00,147 --> 00:07:01,543
That to get a patent,

136
00:07:01,567 --> 00:07:04,813
you have to invent something
substantially better

137
00:07:04,837 --> 00:07:06,892
than what's already out there.

138
00:07:06,916 --> 00:07:09,241
This shouldn't be controversial.

139
00:07:09,265 --> 00:07:10,662
As a society,

140
00:07:10,686 --> 00:07:14,918
we reserve the big rewards
for the big ideas.

141
00:07:14,942 --> 00:07:18,749
We don't give Michelin stars to chefs
who just tweak a recipe.

142
00:07:19,133 --> 00:07:23,555
We give them to chefs who change
how we think about food.

143
00:07:23,579 --> 00:07:26,602
And yet, we hand out patents
worth billions of dollars

144
00:07:26,626 --> 00:07:28,499
for minor changes.

145
00:07:28,523 --> 00:07:30,323
It's time to raise the bar.

146
00:07:31,499 --> 00:07:33,077
Second,

147
00:07:33,101 --> 00:07:37,514
we need to change the financial incentives
of the patent office.

148
00:07:37,538 --> 00:07:40,093
Right now, the revenue
of the Patent Office

149
00:07:40,117 --> 00:07:44,013
is directly linked to the number
of patents that it grants.

150
00:07:45,292 --> 00:07:48,029
That's like private prisons

151
00:07:48,053 --> 00:07:50,587
getting paid more to hold more people.

152
00:07:50,903 --> 00:07:54,680
It naturally leads to more incarceration,

153
00:07:54,704 --> 00:07:56,101
not less.

154
00:07:56,125 --> 00:07:58,696
The same is true for patents.

155
00:08:00,173 --> 00:08:04,069
Third, we need more public participation.

156
00:08:04,093 --> 00:08:07,180
Right now, the patent system
is like a black box.

157
00:08:07,204 --> 00:08:09,363
It's a two-way conversation

158
00:08:09,387 --> 00:08:12,629
between the patent office and industry.

159
00:08:12,653 --> 00:08:15,700
You and I aren't invited to that party.

160
00:08:16,454 --> 00:08:18,541
But imagine if instead

161
00:08:18,565 --> 00:08:21,576
the Patent Office became a dynamic center

162
00:08:21,600 --> 00:08:24,197
for citizen learning and ingenuity.

163
00:08:24,221 --> 00:08:28,269
Staffed not just by technical
experts and bureaucrats,

164
00:08:28,293 --> 00:08:31,706
but also by great
public-health storytellers

165
00:08:31,730 --> 00:08:34,109
with a passion for science.

166
00:08:34,133 --> 00:08:38,056
Regular citizens could get
accessible information

167
00:08:38,080 --> 00:08:40,087
about complex technologies

168
00:08:40,111 --> 00:08:43,940
like artificial intelligence
or gene editing,

169
00:08:43,964 --> 00:08:48,503
enabling us to participate
in the policy conversations

170
00:08:48,527 --> 00:08:51,963
that directly impact our health and lives.

171
00:08:53,948 --> 00:08:55,098
Fourth,

172
00:08:56,095 --> 00:08:58,761
we need to get the right to go to court.

173
00:08:59,245 --> 00:09:02,888
Right now in America,
after a patent is granted,

174
00:09:02,912 --> 00:09:05,570
the public has no legal standing.

175
00:09:05,895 --> 00:09:08,934
Only those with a commercial interest,

176
00:09:08,958 --> 00:09:10,807
usually other drug companies,

177
00:09:10,831 --> 00:09:12,243
have that right.

178
00:09:12,680 --> 00:09:16,387
But I've witnessed firsthand
how lives can be saved

179
00:09:16,411 --> 00:09:19,831
when everyday citizens
have the right to go to court.

180
00:09:20,720 --> 00:09:22,929
Back in 2006 in India,

181
00:09:22,953 --> 00:09:26,072
my organization worked
with patient advocates

182
00:09:26,096 --> 00:09:28,223
to challenge, legally,

183
00:09:28,247 --> 00:09:30,493
unjust HIV drug patents,

184
00:09:30,517 --> 00:09:33,450
at a time when so many people were dying,

185
00:09:33,474 --> 00:09:36,244
because medicines
were priced out of reach.

186
00:09:36,268 --> 00:09:38,806
We were able to bring down
the prices of medicines

187
00:09:38,830 --> 00:09:40,982
by up to 87 percent.

188
00:09:41,006 --> 00:09:45,823
(Applause)

189
00:09:45,847 --> 00:09:47,735
On just three drugs,

190
00:09:47,759 --> 00:09:51,672
we were able to save health systems
half a billion dollars.

191
00:09:52,212 --> 00:09:57,276
Now, cases like these
can save millions of lives

192
00:09:57,300 --> 00:09:59,410
and billions of dollars.

193
00:09:59,434 --> 00:10:03,529
Imagine if Americans
had the right to go to court, too.

194
00:10:05,259 --> 00:10:08,870
And lastly, we need stronger oversight.

195
00:10:09,969 --> 00:10:12,890
We need an independent unit

196
00:10:12,914 --> 00:10:15,477
that can serve as a public advocate,

197
00:10:15,501 --> 00:10:18,969
regularly monitoring the activities
of the Patent Office,

198
00:10:18,993 --> 00:10:21,124
and reporting to Congress.

199
00:10:21,592 --> 00:10:23,585
If a unit like this had existed,

200
00:10:23,609 --> 00:10:25,609
it would have caught, for example,

201
00:10:25,633 --> 00:10:28,243
the Silicon Valley company Theranos,

202
00:10:28,267 --> 00:10:32,022
before it got so many patents
for blood testing,

203
00:10:32,046 --> 00:10:35,569
and landed evaluation
of nine billion dollars,

204
00:10:35,593 --> 00:10:36,847
when in reality,

205
00:10:36,871 --> 00:10:39,271
there was no invention there at all.

206
00:10:39,673 --> 00:10:44,585
This kind of accountability
is going to become increasingly urgent.

207
00:10:44,609 --> 00:10:46,870
In the age of "23AndMe,"

208
00:10:46,894 --> 00:10:49,008
important questions are being asked

209
00:10:49,032 --> 00:10:52,291
about whether companies
can patent and sell

210
00:10:52,315 --> 00:10:55,980
our genetic information
and our patient data.

211
00:10:56,004 --> 00:10:58,678
We need to be part of those conversations

212
00:10:58,702 --> 00:11:00,281
before it's too late.

213
00:11:00,821 --> 00:11:05,109
Our information is being used
to create the new therapies.

214
00:11:05,133 --> 00:11:09,672
And when that moment of diagnosis
comes for me and my family,

215
00:11:09,696 --> 00:11:11,593
or for you and yours,

216
00:11:11,617 --> 00:11:15,834
are we going to have to crowdfund
to save the lives of those we love?

217
00:11:16,660 --> 00:11:19,160
That's not the world I want to live in.

218
00:11:19,184 --> 00:11:22,584
It's not the world I want
for my two-year-old son.

219
00:11:24,260 --> 00:11:28,164
My dad is growing older now,

220
00:11:28,188 --> 00:11:32,985
and he is still as quietly brilliant
and morally directed as ever.

221
00:11:33,478 --> 00:11:35,025
Sometimes people ask us

222
00:11:35,049 --> 00:11:37,390
whether things get heated between us:

223
00:11:37,414 --> 00:11:39,279
The patent-holding scientist

224
00:11:39,303 --> 00:11:42,036
and his patent-reforming lawyer daughter.

225
00:11:43,377 --> 00:11:47,598
It's such a profound misunderstanding
of what's at stake.

226
00:11:48,002 --> 00:11:51,981
Because this is not
about scientists versus activists

227
00:11:52,005 --> 00:11:54,716
or invention versus protection.

228
00:11:54,740 --> 00:11:56,335
This is about people.

229
00:11:56,812 --> 00:12:00,137
Our quest to invent and our right to live.

230
00:12:00,629 --> 00:12:04,766
My dad and I understand
that our ingenuity and our dignity

231
00:12:04,790 --> 00:12:07,257
go hand in hand.

232
00:12:07,281 --> 00:12:09,567
We are on the same side.

233
00:12:09,868 --> 00:12:13,098
It is time to reimagine a patent system

234
00:12:13,122 --> 00:12:15,304
that reflects that knowing.

235
00:12:15,710 --> 00:12:16,860
Thank you.

236
00:12:16,884 --> 00:12:21,452
(Applause)