WASHINGTON – U.S. Senators John Cornyn (R-TX), Richard Blumenthal (D-CT), Chuck Grassley (R-IA), and Dick Durbin (D-IL) introduced the Affordable Prescriptions for Patients Act, which would help lower drug prices by preventing bad actors in the pharmaceutical industry from deliberately abusing the patent system:

“Patent thickets stifle innovation, hinder generic drugs from entering the marketplace, and raise prices for consumers,” said Sen. Cornyn. “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.”

“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,” said Sen. Blumenthal. “The Affordable Prescriptions for Patients Act will give Americans access to essential medications without the outrageous costs.”

“The steep price of life-saving medication puts a major strain on Iowans,” said Sen. Grassley. “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.”

“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,” said Sen. Durbin.“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 have been deliberately abusing the patent system to prevent potential competitors from entering the marketplace using tactics like erecting patent thickets, which slow the entry of lower-cost biosimilar products.

The Affordable Prescriptions for Patients Act puts an end to practices that prioritize profits for pharmaceutical companies ahead of Americans’ health. By stopping abuses of our patent system, this legislation will pave the way for biosimilars to compete with branded drugs and aggressively lower drug prices for consumers in the process.

Biosimilars are to biologics what generic drugs are to branded drugs. 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.” Under current law, however, there are no limits on the number of patents that a branded manufacturer of biologics can assert during the patent dance – leading 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 branded manufacturers of biologics from gaming the system to increase the number of patents they assert, while preserving the incentives provided by the patent system to encourage the core innovation that produces new biologic treatments in the first place.