【明報專訊】Acetylsalicylic acid may sound too scientific and unfamiliar to you, but you might have suffered badly from illnesses had it not been mass-produced by Bayer, who had the drug patented (申請專利) under the brand name of aspirin (阿士匹靈) in 1899 today.
1. History
The use of salicylic acid, the active ingredient of the analgesic (止痛) and antipyretic (退燒) drug aspirin, can be traced back to 400BC. Salicylic acid is a plant hormone found in many plants like willows (柳樹) and myrtles (香桃木). It was recorded that Hippocrates (the father of modern medicine) used powder made from willow barks to alleviate pain and fever. However, he didn't know what in the plant worked the magic.
In the 18th century, scientists identified salicin, which could transform into salicylic acid, in plants known to possess analgesic and antipyretic properties. It was first extracted with high purity in the 19th century by Johann Buchner, a German pharmacy professor. Chemists in France found a way of making its production less costly. With this method, 30g of salicin could be extracted from 1.5 kg of willow. It was a satisfactory ratio. Chemists further improved the process and separated the pure substance, naming it salicylic acid. It thus became an affordable remedy for severe fever.
However, like other drugs, salicylic acid has its side effects. It is irritant (刺激的) and causes discomfort in the stomach. The drug was bitter and hard to use in its powder form. Pharmacists had to solve these problems. In 1853, Gerhardt added other substances to stabilise (使穩定) it and produced acetylsalicylic acid. Not interested in doing business, he didn't market it. The formula therefore lay dormant for nearly half a century.
2. The patent
German pharmacist Felix Hoffmann, who worked for Bayer, discovered Gerhardt's formula in 1899. He tried it on his father, who suffered from pain caused by arthritis (關節炎). It worked, so he persuaded Bayer to sell it in the market. On 6 March 1899, the company registered the drug under the name aspirin with the Imperial Patent Office, Berlin. Bayer sold aspirin all over the world. It earned the company much gold, especially in 1918, when a fever pandemic broke out in Spain. Aspirin is still drug producers' milch cow. In 2010, it generated 766 million euros (about HK$8.1 billion) in sales for Bayer.
3. Controversies
During World War I, because Germany was a belligerent (敵對國), Bayer's aspirin patent was expropriated (沒收) in Allies countries such as the US, Britain and France. In 1919, Germany lost the war, and Bayer was forced to give up the trademarks under the Treaty of Versailles (凡爾賽條約). Aspirin was no longer protected by patent, and other companies were allowed to use Bayer's formula for free. Bayer had to face competition in the market. The drug became more widely used because of other manufacturers' marketing efforts, and those companies further improved the formula. For example, Cafiaspirina (aspirin blended with caffeine) became popular in Latin America, while Dr Miles Medicine Company derived Alka-Seltzer from the original formula to counter its irritation to the stomach.
Bayer managed to regain its patent in America in 1994. In other words, if it wishes to do so, it may again apply for patent protection for its drugs, including aspirin, in the United States to prevent its competitors from using its formula. Nevertheless, the company chose not to register the drug again. Patients and drug producers have benefited from that. This lends force to the argument that important drugs should not be patented and monopolised.
A sign at Bayer's headquarters in Leverkusen, Germany
