Loophole in Patent Law Brings ‘Miracle Drug’ to Patients Who Can’t Afford It

Josua Lottering, an 18-year-old from South Africa, recently traveled to Dhaka, Bangladesh, to obtain a generic form of a critical medication for cystic fibrosis. This drug has offered hope to patients in North America and Europe but remains financially inaccessible for many families worldwide.

The pharmaceutical company Vertex, based in Boston, manufactures Trikafta, which has significantly improved the quality of life for those suffering from cystic fibrosis. In the United States, a yearly supply of Trikafta costs approximately $346,000.

Vertex holds a monopoly on cystic fibrosis medications and has generated $49 billion in revenue since the launch of Trikafta in 2019. Although transformative, Vertex has not made the drug available in several lower-income countries, opting to safeguard their high-priced markets by blocking attempts at lower-cost generics.

In Bangladesh, however, a company has reverse-engineered Trikafta and is leveraging a loophole in international patent law. This allows them to offer their version, called Triko, at a much-reduced price.

Last week, the Lottering family, along with other cystic fibrosis patients, traveled to Dhaka to acquire the first batches of Triko produced by Beximco Pharmaceuticals.