Bipartisan Legislation on Patent Listings
Bipartisan legislation was introduced 9/13 in the Senate and House to close a patent-listing loophole that drug manufacturers use to extend their exclusivity periods. “Because of incomplete coordination between the Food and Drug Administration (FDA) and the U.S. Patent and Trademark Office (USPTO), drug manufacturers are currently able to unfairly extend the exclusivity period for a drug by submitting partial information for their initial patent, in order to help secure subsequent patents down the road, according to a release from legislation sponsors Senator Maggie Hassan (D-NH), Sen. Mike Braun (R-IN), and Representative Annie Kuster (D-NH) and Rep. Diana Harshbarger (R-TN). “This increases their period of exclusivity and delays the availability of lower-cost alternatives,” they said.
Their bill, the Medication Affordability and Patent Integrity Act, would require manufacturers to certify that they have not made inconsistent statements to the two agencies, helping stop abuses of the patent system, they say. The legislation builds on Hassan’s efforts last year to have FDA and USPTO start to coordinate with one another to stop patent abuses and allow for more drug competition to lower costs for patients. “Drug prices drop by as much as 20% when the first generic enters the market and as much as 85% when multiple generics enter the market,” the lawmakers note.