Tillis Wants FDA, USPTO Patent Data Study

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Sen. Thom Tillis (R-NC) says some advocacy groups are using potentially inaccurate and false narratives to allege that drug companies misuse patent laws to delay generic competition and drive up prices. He has asked FDA and the U.S. Patent and Trademark Office (USPTO) to conduct an independent study on the sources and data that are being used by those advocating for patent-based solutions to drug pricing, according to a report by three Jones Day attorneys.

The attorneys say Tillis particularly cited the Initiative for Medicines, Access & Knowledge (I-MAK) and its claims that drug makers use patent laws to extend their monopolies in ways not contemplated by U.S. patent law. Tillis reportedly has written to I-MAK asking for an explanation of its methodology and why the numbers are so dramatically different from public sources to further support an independent review of the issue.

The post lists these three takeaways: 

  •          FDA and the USPTO continue to be criticized for the role that the drug patent system plays in drug pricing in the U.S.;
  •          the methodology underlying analysis by drug critics such as I-MAK is opaque and discrepancies between their reports and other sources of information call into question reliance on these analyses when considering new patent or regulatory policies; and
  •          Tillis’ letter highlights important concerns and the need to ensure that any policy changes are based on reliable and accurate data.

 

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