You're the economist, but my sense of market failure is that it refers
to the failure of the market to supply a necessary (and possible)
social good because the production and distribution of latter good
fails to satisfy the needs of for-profit corporations to bring it to
market.  So the patent would be a way of aiding that market in
creating the effective demand for the supply at the price where
profitable production would be possible, therefore preventing market
failure.  Other more direct means might be subsidizing the production
in some way.  In any case, I think the important frame is the role of
the market in society.  It is market failure if the market doesn't
supply (as it should according to the neoclassicals) an obvious need
or demand, necessitating, therefore, an extra-market intervention in
order to meet those needs.

s

On Fri, Jan 27, 2012 at 13:45, Eugene Coyle <[email protected]> wrote:
> What is the definition of "Market Failure"?
>
>
> Specifically, is the following Market Failure or something else?
>
>        Consider a pharmaceutical company which develops a drug after the 
> expenditure of say $1 billion and is able to produce a daily dose for 50 
> cents.  The company considers the volume to be sold and realizes that it must 
> get, say, $5.00 per pill to make a profit.  The formula for the pill is 
> public.  Without a patent on the drug it can't sell for $5.00, so it needs 
> patent protection to be profitable.
>
> Is the need for patent protection "market failure" or is that something else?
>
> If something else, what is that called?
>
> Gene
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