> “When Jonas Salk asked rhetorically “Would you patent the sun?” during his famous television interview with Edward R. Murrow, he did not mention that the lawyers from the National Foundation for Infantile Paralysis had looked into patenting the Salk Vaccine and concluded that it could not be patented because of prior art – that it would not be considered a patentable invention by standards of the day.
> In the decades since, a great myth has grown to dominate the popular imagination. Its name is “The Conquest of Polio,” and Salk is its hero.... This retelling of the history of polio, however, is largely a distortion. The full, true story is far more complex. Its hero is Albert Sabin – for if any one man conquered polio, it was Sabin, who developed the oral attenuated live-virus vaccine. While Salk’s vaccine did slow down the incidence of polio among middle-class Americans, its cost and its requirement of three injections and a booster meant that for years the disease continued to affect the poor and others lacking access to proper medical care. It was only after Sabin’s oral vaccine, which was cheap, effective, and easy to administer, was licensed for production in 1962 that polio could be fully controlled in the United States.
> There is an important footnote regarding Salk’s statement that “there is no patent.” Prior to Murrow’s interview with Salk, lawyers for the National Foundation for Infantile Paralysis did look into the possibility of patenting the vaccine, according to documents that Jane Smith uncovered during her dive into the organization’s archives. The attorneys concluded that the vaccine didn’t meet the novelty requirements for a patent, and the application would fail. This legal analysis is sometimes used to suggest that Salk was being somewhat dishonest—there was no patent only because he and the foundation couldn’t get one. That’s unfair. Before deciding to forgo a patent application, the organization had already committed to give the formulation and production processes for the vaccine to several pharmaceutical companies for free. No one knows why the lawyers considered a patent application, but it seems likely that they would only have used it to prevent companies from making unlicensed, low-quality versions of the vaccine. There is no indication that the foundation intended to profit from a patent on the polio vaccine.
> The decision not to patent the vaccine made perfect economic sense under the circumstances. “The National Foundation for Infantile Paralysis was a nonprofit, centralized research and development operation,” says Robert Cook-Deegan, who studies intellectual property and genomics at Duke University. “They didn’t need an incentive structure.”
http://www.biotech-now.org/public-policy/patently-biotech/20...
> In the decades since, a great myth has grown to dominate the popular imagination. Its name is “The Conquest of Polio,” and Salk is its hero.... This retelling of the history of polio, however, is largely a distortion. The full, true story is far more complex. Its hero is Albert Sabin – for if any one man conquered polio, it was Sabin, who developed the oral attenuated live-virus vaccine. While Salk’s vaccine did slow down the incidence of polio among middle-class Americans, its cost and its requirement of three injections and a booster meant that for years the disease continued to affect the poor and others lacking access to proper medical care. It was only after Sabin’s oral vaccine, which was cheap, effective, and easy to administer, was licensed for production in 1962 that polio could be fully controlled in the United States.
http://www.technologyreview.com/review/404390/the-myth-of-jo...