The case is emblematic of the protectionism of the US authorities. A German company discovers a product that would have a beneficial effect on female orgasm. After expensive but successful trials, it asks the Food and Drug Administration (FDA) authorities for a US marketing authorization. The 28 experts of the commission reject it, arguing that the effectiveness is not proven. After multiple refusals, the German company gives up and sells – for almost nothing – the patent to a small US company. The latter is massively lobbying the politico-media world, with the support of feminists and people close to the power on the theme “we must take care of women and their pleasure”. One passes before your eyes individual interviews showing the rate of monthly orgasm going from 2 to 2.5! And it works, the same commission will give the marketing authorization. The next day, the patent is sold 1 billion to another company. Conclusion, to penetrate the US market, it is better to be represented by locals, European scientists being not reliable as everybody knows.
All things considered, we experienced a similar situation. Having achieved promising results on a pharmacological treatment of autism, we started the process to obtain a US patent and discovered a real obstacle course. Straightaway, the federal patent authorities begin by countered an empty US antecedent patent without any demonstration of its action on autism and with scatterbrained conclusions. Once this obstacle is circumvented by expensive administrative arguments, the FDA asks us for further examinations, absurd concerning a molecule used for 40 years in another indication and with limited and well identified side effects … Of course, they have mitigating circumstances, considering a work led by a laboratory drom Marseilles and not from Boston or New York!
In conclusion, protectionism combines very well in the United States.
