The book Against Intellectual Monopoly explains that the reason American and (especially) German pharmaceutical science advanced more quickly than in the U.K. and France in the early part of the 20th century is because it was more difficult to obtain patents on drugs. In Germany in particular IIRC you could obtain a patent on a manufacturing method only, not on a medical use.
But then they don't get a patent and anybody is free to legally copy it.
Do you have a source for that? There are drug covered by patent in France that the gov't doesn't cover.
Did some digging... you are right (I thought there was a patent exclusion for "prix libre" drugs but I guess I was wrong). There's no reimbursement but still a patent. But in that system, no reimbursement kinda kills the market for a dug.
- 1. Sell a whatever price they want. But then they don't get a patent and anybody is free to legally copy it.
- 2. Get a patent. But then they must enter the cost negotiation process with the government and prove why they require a particular cost. This is the option that is almost always chosen.
Sitting in the US, it's then sickening to see the same drug developped in France go for 5x the price, just because they can sell it here for whatever the market will bear.