WEBVTT 00:00:01.135 --> 00:00:04.952 For my husband, it was love at first sight. NOTE Paragraph 00:00:04.976 --> 00:00:06.246 (Laughter) NOTE Paragraph 00:00:06.270 --> 00:00:07.865 Here's what happened. 00:00:07.889 --> 00:00:09.839 Years ago, Rudy, 00:00:09.863 --> 00:00:13.926 who I had strictly put in the friend zone at the time, 00:00:13.950 --> 00:00:16.410 came over to my house and met my dad, 00:00:16.434 --> 00:00:19.552 a pharmaceutical scientist who had just retired 00:00:19.576 --> 00:00:21.783 after bringing a drug to market. 00:00:22.339 --> 00:00:23.672 My dad said, 00:00:23.696 --> 00:00:25.747 "Ah, you probably wouldn't have heard of it. 00:00:25.771 --> 00:00:27.302 It's for IPF, 00:00:27.326 --> 00:00:30.334 idiopathic pulmonary fibrosis." 00:00:30.644 --> 00:00:34.564 Rudy paused for a long time, and then he said, 00:00:34.588 --> 00:00:39.065 "That's the disease that took my father's life 15 years ago." 00:00:40.016 --> 00:00:43.103 Rudy says that this is the moment he fell in love. NOTE Paragraph 00:00:43.127 --> 00:00:44.895 (Laughter) NOTE Paragraph 00:00:44.919 --> 00:00:46.071 With my father. NOTE Paragraph 00:00:46.095 --> 00:00:48.243 (Laughter) NOTE Paragraph 00:00:48.847 --> 00:00:52.339 Even though it was too late for my dad to save his, 00:00:52.363 --> 00:00:56.186 he felt that destiny had delivered us this full-circle moment. 00:00:57.224 --> 00:01:01.565 In my family, we have a special love for my father's inventions. 00:01:01.589 --> 00:01:04.950 And in particular, we have a reverence for his patents. 00:01:05.498 --> 00:01:09.459 We have framed patents on the wall in our house. 00:01:09.887 --> 00:01:14.547 And there's a recognition in our family that everything I've been able to do -- 00:01:14.571 --> 00:01:17.936 college, law school, health justice work -- 00:01:17.960 --> 00:01:21.285 all of it is because America enabled my father 00:01:21.309 --> 00:01:24.661 to fulfill his potential as an inventor. NOTE Paragraph 00:01:25.411 --> 00:01:29.919 (Applause) NOTE Paragraph 00:01:30.363 --> 00:01:34.042 Last year, I met the director of the US Patent Office 00:01:34.066 --> 00:01:35.257 for the first time, 00:01:35.281 --> 00:01:38.956 and I sent my family a selfie from that office in Virginia. NOTE Paragraph 00:01:38.980 --> 00:01:39.981 (Laughter) NOTE Paragraph 00:01:40.005 --> 00:01:41.900 I got so many emojis back, 00:01:41.924 --> 00:01:44.325 you would have thought I had met Beyoncé. NOTE Paragraph 00:01:44.349 --> 00:01:45.647 (Laughter) NOTE Paragraph 00:01:46.187 --> 00:01:47.347 But truth be told, 00:01:47.371 --> 00:01:49.752 I was actually there to talk about a problem -- 00:01:49.776 --> 00:01:54.831 how our outdated patent system is fueling the high cost of medicines 00:01:54.855 --> 00:01:56.632 and costing lives. 00:01:57.315 --> 00:02:01.672 Today, over two billion people live without access to medicines. 00:02:01.696 --> 00:02:03.656 And against this global crisis, 00:02:03.680 --> 00:02:05.926 drug prices are skyrocketing, 00:02:05.950 --> 00:02:08.331 including in wealthier countries. 00:02:08.355 --> 00:02:13.176 Thirty-four million Americans have lost a family member or a friend 00:02:13.200 --> 00:02:15.057 in the last five years, 00:02:15.081 --> 00:02:17.382 not because the treatment didn't exist, 00:02:17.406 --> 00:02:19.663 but because they couldn't afford it. 00:02:20.287 --> 00:02:24.224 Rising drug costs are pushing families into homelessness, 00:02:24.248 --> 00:02:26.581 seniors into bankruptcy 00:02:26.605 --> 00:02:30.938 and parents to crowdfunding treatment for their critically ill children. 00:02:31.919 --> 00:02:34.990 There are many reasons for this crisis, 00:02:35.014 --> 00:02:38.418 but one is the outdated patent system 00:02:38.442 --> 00:02:42.109 that America tries to export to the rest of the world. NOTE Paragraph 00:02:43.026 --> 00:02:45.689 The original intention behind the patent system 00:02:45.713 --> 00:02:48.240 was to motivate people to invent 00:02:48.264 --> 00:02:51.852 by rewarding them with a time-limited monopoly. 00:02:51.876 --> 00:02:56.177 But today, that intention has been distorted beyond recognition. 00:02:56.661 --> 00:02:59.884 Corporations have teams of lawyers and lobbyists 00:02:59.908 --> 00:03:05.192 whose sole job is to extend patent protection as long as possible. 00:03:05.795 --> 00:03:08.731 And they've kept the patent office busy. 00:03:08.755 --> 00:03:12.403 It took 155 years for the US Patent Office 00:03:12.427 --> 00:03:15.125 to issue its first five million patents. 00:03:15.149 --> 00:03:20.228 It took just 27 years for it to issue the next five million. NOTE Paragraph 00:03:20.704 --> 00:03:23.795 We haven't gotten drastically more inventive. 00:03:23.819 --> 00:03:28.477 Corporations have gotten drastically better at gaming the system. 00:03:28.946 --> 00:03:31.200 Drug patents have exploded -- 00:03:31.224 --> 00:03:35.931 between 2006 and 2016, they doubled. 00:03:36.246 --> 00:03:37.976 But consider this: 00:03:38.659 --> 00:03:44.310 The vast majority of medicines associated with new drug patents 00:03:44.334 --> 00:03:45.593 are not new. 00:03:45.617 --> 00:03:49.688 Nearly eight out of 10 are for existing ones, 00:03:49.712 --> 00:03:52.656 like insulin or aspirin. NOTE Paragraph 00:03:53.133 --> 00:03:56.926 My organization, a team of lawyers and scientists, 00:03:56.950 --> 00:04:02.529 recently conducted an investigation into the 12 best-selling drugs in America. 00:04:02.553 --> 00:04:04.664 We found that, on average, 00:04:04.688 --> 00:04:09.759 there are 125 patents filed on each medicine. 00:04:10.204 --> 00:04:13.395 Often for things we've known how to do for decades, 00:04:13.419 --> 00:04:16.278 like putting two pills into one. 00:04:16.855 --> 00:04:19.966 The higher a patent wall a company builds, 00:04:19.990 --> 00:04:22.626 the longer they hold on to their monopoly. 00:04:22.650 --> 00:04:24.951 And with no one to compete with, 00:04:24.975 --> 00:04:27.292 they can set prices at whim. 00:04:27.316 --> 00:04:29.308 And because these are medicines 00:04:29.332 --> 00:04:31.419 and not designer watches, 00:04:31.443 --> 00:04:33.991 we have no choice but to pay. NOTE Paragraph 00:04:34.678 --> 00:04:38.693 The patent wall is a strategy to block competition. 00:04:39.075 --> 00:04:42.268 Not for the 14 years maximum 00:04:42.292 --> 00:04:45.963 that America's founders originally envisioned, 00:04:45.987 --> 00:04:49.371 or the 20 years allowed by law today, 00:04:49.395 --> 00:04:52.402 but for 40 years or more. 00:04:52.854 --> 00:04:56.679 Meanwhile, prices on these drugs have continued to increase -- 00:04:56.703 --> 00:04:59.632 68 percent since 2012. 00:05:00.306 --> 00:05:04.021 That's seven times the rate of inflation. 00:05:04.728 --> 00:05:07.347 And people are struggling or even dying, 00:05:07.371 --> 00:05:09.704 because they can't afford the meds. NOTE Paragraph 00:05:10.912 --> 00:05:13.444 Now I want to be really clear about something. 00:05:13.468 --> 00:05:17.499 This isn't about making the pharmaceutical industry the bad guy. 00:05:17.523 --> 00:05:19.659 What I'm talking about today 00:05:19.683 --> 00:05:23.677 is whether the system we created to promote progress 00:05:23.701 --> 00:05:26.264 is actually working as intended. 00:05:27.121 --> 00:05:31.034 Sure, the pharmaceutical companies are gaming the system, 00:05:31.058 --> 00:05:34.016 but they're gaming it because they can. 00:05:34.040 --> 00:05:37.656 Because we have failed to adapt this system 00:05:37.680 --> 00:05:40.127 to meet today's realities. 00:05:40.151 --> 00:05:41.755 The government is handing out 00:05:41.779 --> 00:05:45.093 one of the most prized rewards in business -- 00:05:45.117 --> 00:05:50.466 the opportunity to create a product that is protected from competition -- 00:05:50.490 --> 00:05:54.236 and asking for less and less in return on our behalf. 00:05:54.720 --> 00:06:00.720 Imagine awarding 100 Pulitzer Prizes to one author for the same book. NOTE Paragraph 00:06:00.744 --> 00:06:02.021 (Murmurs) NOTE Paragraph 00:06:02.735 --> 00:06:04.695 It doesn't have to be this way. 00:06:04.719 --> 00:06:07.776 We can create a modern patent system 00:06:07.800 --> 00:06:11.219 to meet the needs of a 21st-century society. 00:06:11.243 --> 00:06:12.442 And to do that, 00:06:12.466 --> 00:06:15.823 we need to reimagine the patent system to serve the public, 00:06:15.847 --> 00:06:17.934 not just corporations. NOTE Paragraph 00:06:18.736 --> 00:06:20.003 So how do we do it? 00:06:20.752 --> 00:06:22.172 Five reforms. 00:06:22.633 --> 00:06:26.332 First, we need to stop handing out so many patents. 00:06:27.077 --> 00:06:29.181 Back under the Kennedy administration, 00:06:29.205 --> 00:06:32.753 in an effort to curb rising drug costs, 00:06:32.777 --> 00:06:35.738 a congressman from Tennessee proposed an idea. 00:06:36.211 --> 00:06:37.528 He said, 00:06:37.552 --> 00:06:39.156 "If you want to tweak a drug, 00:06:39.180 --> 00:06:41.576 and you want to get another patent on it, 00:06:41.600 --> 00:06:45.768 the modified version has to be significantly better, therapeutically, 00:06:45.792 --> 00:06:46.942 for patients." 00:06:47.419 --> 00:06:49.037 Because of intense lobbying, 00:06:49.061 --> 00:06:51.528 this idea never saw the light of day. 00:06:52.464 --> 00:06:55.075 But a reimagined patent system 00:06:55.099 --> 00:07:00.123 would resurrect and evolve this simple, yet elegant proposition. 00:07:00.147 --> 00:07:01.543 That to get a patent, 00:07:01.567 --> 00:07:04.813 you have to invent something substantially better 00:07:04.837 --> 00:07:06.892 than what's already out there. 00:07:06.916 --> 00:07:09.241 This shouldn't be controversial. 00:07:09.265 --> 00:07:10.662 As a society, 00:07:10.686 --> 00:07:14.918 we reserve the big rewards for the big ideas. 00:07:14.942 --> 00:07:19.109 We don't give Michelin stars to chefs who just tweak a recipe -- 00:07:19.133 --> 00:07:23.555 we give them to chefs who change how we think about food. 00:07:23.579 --> 00:07:26.602 And yet, we hand out patents worth billions of dollars 00:07:26.626 --> 00:07:28.499 for minor changes. 00:07:28.523 --> 00:07:30.323 It's time to raise the bar. NOTE Paragraph 00:07:31.499 --> 00:07:33.077 Second, 00:07:33.101 --> 00:07:37.514 we need to change the financial incentives of the Patent Office. 00:07:37.538 --> 00:07:40.093 Right now, the revenue of the Patent Office 00:07:40.117 --> 00:07:44.013 is directly linked to the number of patents that it grants. 00:07:45.292 --> 00:07:50.879 That's like private prisons getting paid more to hold more people -- 00:07:50.903 --> 00:07:54.680 it naturally leads to more incarceration, 00:07:54.704 --> 00:07:56.101 not less. 00:07:56.125 --> 00:07:58.696 The same is true for patents. NOTE Paragraph 00:08:00.173 --> 00:08:04.069 Third, we need more public participation. 00:08:04.093 --> 00:08:07.180 Right now, the patent system is like a black box. 00:08:07.204 --> 00:08:12.629 It's a two-way conversation between the patent office and industry. 00:08:12.653 --> 00:08:15.700 You and I aren't invited to that party. 00:08:16.454 --> 00:08:18.541 But imagine if instead, 00:08:18.565 --> 00:08:24.197 the Patent Office became a dynamic center for citizen learning and ingenuity, 00:08:24.221 --> 00:08:28.269 staffed not just by technical experts and bureaucrats, 00:08:28.293 --> 00:08:31.706 but also by great public-health storytellers 00:08:31.730 --> 00:08:34.109 with a passion for science. 00:08:34.133 --> 00:08:38.056 Regular citizens could get accessible information 00:08:38.080 --> 00:08:40.087 about complex technologies 00:08:40.111 --> 00:08:43.940 like artificial intelligence or gene editing, 00:08:43.964 --> 00:08:48.503 enabling us to participate in the policy conversations 00:08:48.527 --> 00:08:51.963 that directly impact our health and lives. NOTE Paragraph 00:08:53.948 --> 00:08:55.098 Fourth, 00:08:56.095 --> 00:08:58.761 we need to get the right to go to court. 00:08:59.245 --> 00:09:02.888 Right now in America, after a patent is granted, 00:09:02.912 --> 00:09:05.570 the public has no legal standing. 00:09:05.895 --> 00:09:10.807 Only those with a commercial interest, usually other drug companies, 00:09:10.831 --> 00:09:12.243 have that right. 00:09:12.680 --> 00:09:16.387 But I've witnessed firsthand how lives can be saved 00:09:16.411 --> 00:09:19.831 when everyday citizens have the right to go to court. 00:09:20.720 --> 00:09:22.929 Back in 2006 in India, 00:09:22.953 --> 00:09:26.072 my organization worked with patient advocates 00:09:26.096 --> 00:09:30.493 to challenge, legally, unjust HIV drug patents, 00:09:30.517 --> 00:09:33.450 at a time when so many people were dying, 00:09:33.474 --> 00:09:36.244 because medicines were priced out of reach. 00:09:36.268 --> 00:09:38.806 We were able to bring down the prices of medicines 00:09:38.830 --> 00:09:40.982 by up to 87 percent. NOTE Paragraph 00:09:41.006 --> 00:09:45.823 (Applause) NOTE Paragraph 00:09:45.847 --> 00:09:47.735 On just three drugs, 00:09:47.759 --> 00:09:51.672 we were able to save health systems half a billion dollars. 00:09:52.212 --> 00:09:57.276 Now, cases like these can save millions of lives 00:09:57.300 --> 00:09:59.410 and billions of dollars. 00:09:59.434 --> 00:10:03.253 Imagine if Americans had the right to go to court, too. NOTE Paragraph 00:10:05.259 --> 00:10:08.870 And lastly, we need stronger oversight. 00:10:09.969 --> 00:10:15.477 We need an independent unit that can serve as a public advocate, 00:10:15.501 --> 00:10:18.969 regularly monitoring the activities of the Patent Office 00:10:18.993 --> 00:10:20.949 and reporting to Congress. 00:10:21.592 --> 00:10:23.585 If a unit like this had existed, 00:10:23.609 --> 00:10:28.243 it would have caught, for example, the Silicon Valley company Theranos 00:10:28.267 --> 00:10:32.022 before it got so many patents for blood testing 00:10:32.046 --> 00:10:35.569 and landed an evaluation of nine billion dollars, 00:10:35.593 --> 00:10:36.847 when in reality, 00:10:36.871 --> 00:10:39.271 there was no invention there at all. NOTE Paragraph 00:10:39.673 --> 00:10:44.585 This kind of accountability is going to become increasingly urgent. 00:10:44.609 --> 00:10:46.870 In the age of 23andMe, 00:10:46.894 --> 00:10:49.008 important questions are being asked 00:10:49.032 --> 00:10:52.291 about whether companies can patent and sell 00:10:52.315 --> 00:10:55.980 our genetic information and our patient data. 00:10:56.004 --> 00:10:58.678 We need to be part of those conversations 00:10:58.702 --> 00:11:00.281 before it's too late. 00:11:00.821 --> 00:11:05.109 Our information is being used to create the new therapies. 00:11:05.133 --> 00:11:09.672 And when that moment of diagnosis comes for me and my family, 00:11:09.696 --> 00:11:11.593 or for you and yours, 00:11:11.617 --> 00:11:15.834 are we going to have to crowdfund to save the lives of those we love? 00:11:16.660 --> 00:11:19.160 That's not the world I want to live in. 00:11:19.184 --> 00:11:22.584 It's not the world I want for my two-year-old son. NOTE Paragraph 00:11:24.260 --> 00:11:28.164 My dad is growing older now, 00:11:28.188 --> 00:11:32.985 and he is still as quietly brilliant and morally directed as ever. 00:11:33.478 --> 00:11:37.390 Sometimes people ask us whether things get heated between us: 00:11:37.414 --> 00:11:39.279 the patent-holding scientist 00:11:39.303 --> 00:11:42.036 and his patent-reforming lawyer daughter. 00:11:43.377 --> 00:11:47.978 It's such a profound misunderstanding of what's at stake, 00:11:48.002 --> 00:11:51.981 because this is not about scientists versus activists 00:11:52.005 --> 00:11:54.716 or invention versus protection. 00:11:54.740 --> 00:11:56.788 This is about people, 00:11:56.812 --> 00:12:00.137 our quest to invent and our right to live. 00:12:00.629 --> 00:12:04.766 My dad and I understand that our ingenuity and our dignity 00:12:04.790 --> 00:12:07.257 go hand in hand. 00:12:07.281 --> 00:12:09.567 We are on the same side. 00:12:09.868 --> 00:12:13.098 It is time to reimagine a patent system 00:12:13.122 --> 00:12:15.304 that reflects that knowing. NOTE Paragraph 00:12:15.710 --> 00:12:16.860 Thank you. NOTE Paragraph 00:12:16.884 --> 00:12:21.500 (Applause)