The patent drugs produced in India are too expensive for the poor to afford.
The USA patent holders hope the patent last 20 years from the actual market day.
There is a method discussed as follows called Revoked-but-Not-Terminated (RNT) to solve the problem.
If a patent application is filed and published by 18 months, it could be revoked but not terminated within the period of its life.
The patent may have a life up to 40 years from the filing date. But it is valid for just 20 years from the examination date.
During the period between the filing date and the examination date the patent is revoked. Anyone may utilize the invention during that period without paying the royalty fees at any time.
The result is really inspiring:
If a patent drug is filed on Jan 1st, 2010 in the USA, it is to be examined in India after 20 years which starts from Jan 1st, 2030. The patent drug is protected in India for 20 years from then on to Jan 1st, 2050.
During the first 20 years, the drug is not protected in India and the price is rather cheap for the poor in India and other developing countries.
After 20 years, the patent drug has gained its investment from the market in the USA and other developed countries. The price becomes lower in the USA and approaches that in India.