Bill to Restrict REMS from Delaying Competition

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U.S. Senators Maggie Hassan (D-NH) and Mike Braun (R-IN) have reintroduced their bipartisan bill to close a loophole that pharmaceutical companies can exploit to block drug competition, including generic drugs. The bill would restrict drug companies from patenting their Risk Evaluation and Mitigation Strategy (REMS) programs to delay competition, according to the lawmakers.

“Some pharmaceutical companies patent their REMS program as a way to delay or block alternate versions of the medication from entering the market, in order to stop competition and keep prices high,” they say in a news release. “As detailed in the recent New York Times report, Jazz Pharmaceuticals used this exact strategy of patenting their REMS program in order to slow down the release of a similar drug from their competitor that is easier for patients to take.”

The bill would permit FDA to immediately approve drugs – instead of the normal 30-month approval stay – if the only barrier to approval is a REMS patent, Hassan and Braun say. Additionally, they say their bill stops pharmaceutical companies from abusing the patent and court system by ensuring that if a drug company sues to stop a generic over a REMS patent, the lawsuit may proceed, but it should not block a generic from being marketed.

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