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Wednesday, April 2, 2025

Bill introduced by senators targets abusive practices in pharmaceutical patent system

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Us Senator John Cornyn (TX) | Ballotpedia

Us Senator John Cornyn (TX) | Ballotpedia

U.S. Senators John Cornyn, Richard Blumenthal, Chuck Grassley, and Dick Durbin have introduced the Affordable Prescriptions for Patients Act in an effort to lower drug prices by addressing abuses within the patent system. The legislation aims to prevent pharmaceutical companies from engaging in practices that delay the entry of generic and biosimilar drugs into the market.

Senator Cornyn emphasized the impact of "patent thickets" on innovation and consumer costs, stating that the bill would help end these anti-competitive practices to ensure access to necessary medications without financial strain. Senator Blumenthal highlighted how pharmaceutical companies' manipulation of the patent system has driven up costs for consumers and expressed that this legislation will promote competition and reduce prescription drug expenses.

Senator Grassley pointed out the financial burden that high medication prices place on Iowans, asserting that this legislation would help alleviate those costs by curbing tactics that block generics from entering the market. Senator Durbin criticized Big Pharma's exploitation of the patent system for profit maximization at patients' expense, expressing support for measures that prioritize patient access over corporate profits.

The proposed act seeks to dismantle strategies like "patent thickets," which some manufacturers use to slow down or prevent competition from biosimilars—drugs similar to already approved biologic products. By imposing limits on patent assertions during a process known as the "patent dance," the bill aims to deter excessive patent claims while maintaining incentives for innovation in biologic treatments.

Biosimilars are intended to provide more affordable alternatives similar to how generic drugs do for branded medications. However, current laws allow branded manufacturers unlimited patents during disputes with biosimilar entrants, potentially delaying their market entry. The new legislation proposes a cap on such patents, aiming to streamline competition and reduce drug prices effectively.

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