THEY SAID IT! BIPARTISAN GROUP OF LAWMAKERS URGE ADMINISTRATION TO SUPPORT CRACKDOWN ON BIG PHARMA’S PATENT THICKETS
Members of Congress Say Addressing “Patent Thickets Surrounding Branded Pharmaceutical Products” is “Critical Pro-Competition Reform”
In case you missed it, several members of the U.S. House and U.S. Senate recently called on the U.S. Department of Commerce to prioritize cracking down on Big Pharma’s egregious abuse of the patent system, particularly around brand name drug companies’ use of patent thickets to block competition from more affordable alternatives to high-priced biologic drugs.
In a letter sent earlier this month, U.S. Representatives Jodey Arrington (R-TX-19), Lloyd Doggett (D-TX-35), August Pfluger (R-TX-11) and U.S. Senator Peter Welch (D-VT) urged U.S. Department of Commerce Secretary Howard Lutnick to consider endorsing reforms including the bipartisan Eliminating Thickets to Increase Competition (ETHIC) Act, which was reintroduced in the U.S. Senate in July, to crack down on Big Pharma’s abuse of the patent system. A U.S. House companion version of the bill was introduced in May.
“Duplicative patent thickets create significant barriers to market entry for biosimilars and generics, delaying access to affordable medications and sustaining high drug prices for patients,” the December 5 letter states. “As a bipartisan group of members committed to lowering drug prices, we write to urge the U.S. Department of Commerce to prioritize addressing the issue of patent thickets surrounding branded pharmaceutical products, particularly biologics, as a critical pro-competition reform.”
The letter outlines how the legislation would help “foster competition, reduce healthcare costs, and support domestic manufacturing,” helping the Trump Administration reach it’s “commitment to promoting a competitive economy and reducing regulatory burdens.”
The Administration has shown interest in scrutinizing Big Pharma’s abuse of the U.S. patent system and taken positive steps toward fostering greater competition from more affordable alternatives to high-priced brand name drugs. In November, U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., U.S. Food and Drug Administration (FDA) Commissioner Dr. Marty Makary and Centers for Medicare & Medicaid Services (CMS) Administrator Dr. Mehmet Oz announced reforms to accelerate biosimilar approvals.
The Federal Trade Commission (FTC) has also continued to challenge sham patents in the FDA’s Orange Book. According to a recent analysis, the FTC’s most recent round of challenges led to the prompt delisting of 41 unique patents — a de facto admission by brand name manufacturers that dozens of the challenged patents were so baseless they weren’t even worth an attempted defense.
The Administration can build on this positive progress and deliver lasting relief for hardworking Americans facing difficulty affording their prescription drugs, by supporting bipartisan, market-based solutions to crack down on Big Pharma’s patent abuse in Congress, like the ETHIC Act.
Read the full lawmaker letter addressed to U.S. Department of Commerce Secretary Howard Lutnick HERE.
Read more on how Big Pharma’s patent abuse is a root cause of high prescription drug prices HERE.
Read more on bipartisan, market-based solutions to hold Big Pharma accountable HERE.
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