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© St. Petersburg Times, published October 18, 2001
NEW YORK -- A proposal to circumvent the patents on anthrax medication Cipro is being alternately hailed as courageous and criticized as foolhardy by pharmaceutical experts.
Cipro is the only medication approved by the FDA for treating exposure to anthrax, although the Food and Drug Administration is in the process of approving similar labeling for penicillin and doxycycline. Several antibiotics are approved for treating the disease.
Bayer, the Germany-based chemical company, holds the U.S. patent for Cipro through 2003 and has increased production as demand for the drug has soared. On Wednesday, it said it may seek an arrangement with rival manufacturers to help make more Cipro faster.
But Sen. Charles Schumer, D-N.Y., questioned Bayer's ability to produce enough of the drug to meet ballooning demand and proposed the government ask generic manufacturers to help build up a stockpile.
Experts agree there are legal maneuvers available to circumvent patents. James Love, director of the Consumer Project on Technology, says U.S. law allows for patent infringement as long as the patent holder is compensated.
Love fears the U.S. may not consider Schumer's proposal seriously because it is more concerned with patent rights than public health.