Protection comes before the spending, not after
The exclusivity window is what allows a company to price a successful drug high enough to cover the cost of its failures. Remove it and the expected return collapses, so the funding never happens in the first place.
A consequence worth noticing
Because the incentive depends on price, diseases with large, wealthy markets attract more development than diseases with greater need but less ability to pay. This is a structural feature of the system, not a moral failing of any one company.