P4ADNow Applauds Unanimous Senate Passage Of Bill To Curb Patent Thicketing, Urges Swift House Action To Lower Drug Prices
Affordable Prescriptions for Patients Act of 2023 Will Increase Competition And Drive Down Prices Of Rx Drugs For All Americans
WASHINGTON, D.C. — In a major step forward for patients and consumers, the U.S. Senate has unanimously passed the Affordable Prescriptions for Patients Act of 2023 (S-150), to curb abuses of the patent system by tackling Big Pharma’s patent thicketing of biologics to increase competition in the drug market and lower prescription drug prices for millions of Americans of all ages.
Patients For Affordable Drugs Now (P4ADNow) hailed the unanimous Senate passage of S-150 as significant progress toward ensuring all Americans can access the drugs they need at prices they can afford. The organization launched its push for competition to lower drug prices in July 2023 by uplifting the voices of thousands of patients who are calling for reforms from Congress to curb drug companies patent abuses that extend their monopolies to block generic and biosimilar competition.
“Today’s Senate action is another important victory for patients that can pave the way for House action and full Congressional passage of this bipartisan bill this year,”said Merith Basey, Executive Director of Patients For Affordable Drugs Now. “This bill begins to strike at the heart of Big Pharma’s patent abuses that have kept U.S. drug prices artificially high for far too long. The overwhelming bipartisan support for this reform through unanimous consent proves that when patients demand change, our legislators listen. We are grateful to the tireless advocacy from thousands of patients, their families, and allies as well asSenators Cornyn and Blumenthal for their leadership and Senators from both parties who stood against pharmaceutical industry pressure and voted to put patients first.”
“Today’s Senate action has brought us closer to tangible savings for all Americans at the pharmacy counter. And now our message to the House is clear: let’s finish the job. We are continuing to mobilize patient advocates to ensure S-150 becomes law. Americans pay the highest prices in the world for their medications and are counting on swift, decisive action by the House of Representatives to lower their drug costs.”
Today’s bipartisan victory in the Senate was only achieved because of patient advocates who shared their lived experiences, making it possible to reach policymakers in Washington. Patients sent over 27,000 letters and made over 30,000 calls to Congressional offices demanding legislators to pass a package of bills to rein in pharmaceutical patent abuses and ensure patients get the drugs they need at prices they can afford.
“Accessing the medications that I need, at the quantities that I need them, could become easier and more affordable if more competition was allowed to enter the market,” said Jacquie Persson, a patient advocate from Waterloo, Iowa who struggles to afford the medication she needs to manage her Crohn’s disease. “I wouldn’t have to ration or stress about prior authorization approvals if I had access to more affordable options with the same result.”
P4ADNow extends its gratitude to the lead sponsors and key supporters of this crucial legislation, including Senators Cornyn and Blumenthal for their leadership on the Affordable Prescriptions for Patients Act of 2023. We also commend Senators Klobuchar and Grassley for their tireless efforts in pushing for drug pricing reform. Additionally, we recognize Senator Durbin for his continued advocacy and for holding the May Senate Judiciary Committee hearing on Big Pharma’s anti-competitive tactics and Senator Graham for his vocal support during the hearing where he emphasized the need to bring these bills to the floor for a vote.
BACKGROUND
- What does The Affordable Prescriptions for Patients Act of 2023 do?S. 150 aims to tackle a major obstacle to affordable medications: patent thicketing. By limiting the number of patents a pharmaceutical company can assert on a drug, this bill would reduce the ability of drug makers to engage in patent thicketing, paving the way for earlier entry of biosimilar competitors, and leading to lower drug prices.
- The Congressional Budget Office projects that this bill alone could save taxpayers $1.8 billion which offers a timely solution to fund other crucial health care priorities as lawmakers eye an end-of-year funding package.
- What is patent thicketing? This practice occurs when pharmaceutical companies file numerous non-innovative patents to create an impenetrable “thicket” around a drug product. This forces potential generic or biosimilar competitors to navigate through each patent in costly litigation before they can enter the market, effectively extending the brand-name drug’s monopoly and keeping prices high.
- For example, Abbvie’s biologic Humira, which treats multiple autoimmune conditions, cost Medicare $2.9 billion in 2021. Since its launch in 2002, Abbvie has filed 250 patents on the drug, which extended Abbvie’s monopoly to 20 years. Humira’s key patent originally expired in 2016, but due to the patent thicket created by Abbvie, Humira’s price was hiked 30 times since launch, raising the price from $500 a month to over $7,000 a month. Meanwhile, Humira biosimilars have been available in Europe since 2018.
- Why is competition important? Competition drives down drug prices. When generic or biosimilar versions enter the market, prices can fall dramatically – by nearly 40 percent when there is one additional competitor and 95 percent when there are six or more.
###
Patients for Affordable Drugs NOW, is the only national, bipartisan patient advocacy organization focused exclusively on policies to lower drug prices. We empower and mobilize patients and allies, hold accountable those in power, and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4ADNOW does not accept funding from organizations that profit from the development or distribution of prescription drugs. To learn more visit PatientsForAffordableDrugsNOW.org.