Legislation would crack down on patent system abuse
WASHINGTON – Sens. Chuck Grassley (R-Iowa), John Cornyn (R-Texas), Richard Blumenthal (D-Conn.) and Dick Durbin (D-Ill.) introduced the Affordable Prescriptions for Patients Act to help lower drug prices and prevent bad actors in the pharmaceutical industry from deliberately abusing the patent system.
“The steep price of life-saving medication puts a major strain on Iowans. Our legislation will help reduce the cost of prescription drugs by ending the abusive practice of blocking generic and biosimilar drugs from entering the market,” Grassley said.
“Patent thickets stifle innovation, hinder generic drugs from entering the marketplace, and raise prices for consumers. This legislation would help end these abusive and anti-competitive practices to ensure Texans can access the treatments and life-saving medications they need without breaking the bank,” Cornyn said.
“For too long, pharmaceutical companies have been allowed to abuse the patent system, stifling innovation and driving up costs for consumers. This legislation cracks down on drug companies’ manipulative and exploitative practices, promoting competition and lowering prescription drug costs for patients,” Blumenthal said. “The Affordable Prescriptions for Patients Act will give Americans access to essential medications without the outrageous costs.”
“Big Pharma often manipulates the patent system to maximize their profits while patients struggle to pay for their necessary medications. These practices stifle competition, delay innovation, and prevent Americans from accessing lower-cost drugs,” Durbin said. “I’m proud to support the Affordable Prescriptions for Patients Act to ensure that we’re looking out for patients, not Big Pharma.”
Background:
Some pharmaceutical manufacturers deliberately abuse the patent system to prevent potential competitors from entering the marketplace by erecting patent thickets, which slow the entry of lower-cost biosimilar products. By stopping abuses of the patent system, the bipartisan Affordable Prescriptions for Patients Act paves the way for biosimilars to compete with branded drugs and aggressively lower drug prices for consumers in the process.
In 2010, Congress enacted a law designed to resolve any patent litigation quickly before a biosimilar is introduced to the market, creating a patent dispute resolution process known as the “patent dance.” However, under current law, there are no limits on the number of patents that a branded manufacturer of biologics can assert during the patent dance. This has led some companies to abuse a process designed to facilitate biosimilar entry, not hinder it.
This bill places a reasonable limit on the number of patents a manufacturer can contest, preventing a “patent thicket.” This will help deter manufacturers from gaming the system, while preserving incentives to encourage the core innovation.
Bill text can be found HERE.