CSRXP: PROPOSAL TO LOOSEN PATENT RULES WOULD FURTHER EMPOWER BIG PHARMA TO BLOCK COMPETITION

Lawmakers Should Focus on Bipartisan Solutions to Hold Big Pharma Accountable, Reject Legislation that Would Undermine True Innovation and Competition

Washington, D.C. – The Campaign for Sustainable Rx Pricing (CSRxP) released a statement Friday in response to the reintroduction of The Patent Eligibility Restoration Act in the U.S. Senate.

“Big Pharma’s abuse of the patent system to block competition from more affordable alternatives is a root cause of out-of-control prescription drug prices,” said CSRxP executive director Lauren Aronson. “Lawmakers should crack down on Big Pharma’s egregious anti-competitive practices and reject misguided proposals that would loosen rules of the road and further enable brand name drug makers to game the system.”

“Loosening patentability rules would further hamper competition in the prescription drug market and could stifle true innovation,” Aronson added. “We encourage Congress to focus on advancing bipartisan, market-based solutions, like The Affordable Prescriptions for Patients Act, that would foster greater competition to help lower drug prices for patients.”

The Patent Eligibility Restoration Act would change rules in Section 101 of the Patent Act. The proposed measure would enable drug makers to patent scientific breakthroughs that contributed to the exploration and development of a new drug. Under the current patent system, a manufacturer is only able to patent inventive applications of that knowledge, not the knowledge itself.

If passed, these changes could have several negative effects, including:

• Further hampering competition and boosting Big Pharma’s incentive and ability to build patent estates to extend monopolies.
• Stifling innovation by discouraging scientists and inventors from working in certain fields out of patent infringement concerns.

The U.S. Senate Committee on the Judiciary unanimously advanced The Affordable Prescriptions for Patients Act of 2023 in February. The legislation, introduced by Senator John Cornyn (R-TX) and Senator Richard Blumenthal (D-CT), would crack down on patent thicketing and product hopping, two of Big Pharma’s favored anti-competitive tactics.

Read more on the bipartisan support for The Affordable Prescriptions for Patients Act HERE.

Read more about Big Pharma’s egregious pricing practices and anti-competitive tactics HERE.

Learn more on bipartisan, market-based solutions to hold Big Pharma accountable HERE.