FTC Challenges Branded Drug Patents, Aiming to Lower Prices for Type 2 Diabetes and Asthma Medications

The Federal Trade Commission (FTC) has intensified its campaign against fraudulent drug patents in a bid to address rising prescription drug costs. Pharma companies have long utilized multiple patents to shield their top-selling medications, blocking competition and inflating prices. In response, the FTC is taking action to ensure Americans have timely and affordable access to the medicines they need.

The FTC, under the direction of FTC Chair Lina Khan, has been targeting drug patents and exposing what they deem as deceptive practices within the pharmaceutical industry. By filing questionable patent listings, pharma companies have obstructed competition and caused consumers to bear exorbitant costs for essential medications, such as treatments for Type 2 diabetes, asthma, and chronic obstructive pulmonary disease (COPD).

Moreover, the patent system allows for the protection of multiple aspects of a drug, including ingredients, manufacturing processes, and intellectual property. Capitalizing on these patent protections, generic drugmakers can only introduce cheaper alternatives once the original patents have expired or have been successfully challenged through the legal system.

Chair Lina Khan emphasizes, “By challenging junk patent filings, the FTC is fighting these illegal tactics and making sure that Americans can get timely access to innovative and affordable versions of the medicines they need.”

In continuation of these efforts, the FTC has notified the Food and Drug Administration (FDA) about the challenges they are issuing to drug patents. The FDA is responsible for managing patent listings for approved drugs, which are compiled in the Orange Book.

The issue of deceptive patents came to the fore in the fall of last year when the FTC initially challenged numerous branded drug patents. As a result, three drugmakers complied by delisting their patents with the FDA. However, five companies did not take similar action.

The FTC’s latest development aligns with the Biden administration’s broader ambition to address unaffordable healthcare in the U.S. By cracking down on pharmaceutical patent abuse, the administration aims to enhance access to vital medications for Americans. President Joe Biden has prioritized making healthcare more affordable for all citizens, a central focus of his 2024 reelection campaign.

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