Senate Passes Legislation to Prevent Patent Thickets, Lower Drug Costs

On July 11, the US Senate unanimously passed the Affordable Prescriptions for Patients Act. Sponsored by Senators John Cornyn (R-TX) and Richard Blumenthal (D-CT), the goal of the legislation is to lower drug prices by preventing bad actors in the pharmaceutical industry from deliberately abusing the patent system to stifle competition.

The bill specifically targets “patent thicketing” by limiting the number of patents that pharmaceutical companies can assert in infringement litigation, subject to certain exceptions and waivers. Patent thicketing happens when drug companies use secondary drug patents to create a complicated web of intellectual property that is difficult for developers of generics or biosimilars to navigate.

Senator Blumenthal stated, “Our bipartisan, commonsense measure to crack down on big pharma’s shameless abuse of the patent system will protect competition and reduce prices at the pharmacy.”

“This long-overdue legislation would promote competition and lower prices for patients without standing in the way of innovation, and I urge my colleagues in the House to pass it as soon as possible,” Senator Cornyn said.

The Congressional Budget Office predicts that taking steps to prevent patent thickets could save US taxpayers $1.8 billion over a decade.