CSRxP: SENATE JUDICIARY COMMITTEE SHOULD REJECT PHARMA-SUPPORTED POLICIES THAT WOULD UNDERMINE BIPARTISAN PROGRESS ON PATENT ABUSE

Lawmakers Should Remain Focused on Holding Big Pharma Accountable for Anti-Competitive Tactics That Extend Monopolies and Keep Drug Prices High

In case you missed it, The U.S. Senate Committee on the Judiciary scheduled a markup of legislation this Thursday, November 14, including The Patent Eligibility Restoration Act (PERA) and The Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act). The Campaign for Sustainable Rx Pricing (CSRxP) opposes these two bills that would further enable Big Pharma’s abuse of the patent system. CSRxP released the following statement on these misguided proposals ahead of a previously scheduled markup in September that was postponed.

“Big Pharma’s egregious abuse of the patent system is the root cause of high prescription drug prices because it enables brand name drug makers to continue hiking prices on their best-selling products, block competition from lower-cost alternatives and set increasingly high launch prices on new products coming to market,” said CSRxP executive director Lauren Aronson. “We respectfully encourage lawmakers on the U.S. Senate Committee on the Judiciary to oppose these policies, supported by the pharmaceutical industry, that would further enable Big Pharma to game the patent system to extend monopoly pricing. These misguided proposals would undermine some of the positive bipartisan progress, including the great work of this Committee, toward cracking down on Big Pharma’s patent abuse to foster greater competition in the market and lower drug prices for patients.”

S.2140, The Patent Eligibility Restoration Act (PERA) would significantly broaden the scope of what is patentable in the United States and result in brand-name pharmaceutical companies being able to gain the exclusive rights to what the Supreme Court has recognized as products of nature or naturally occurring phenomena. When one then considers brand pharma’s ability to build patent thickets on its blockbuster products, it is easy to see that patients will be harmed in the form of higher drug prices should PERA be enacted. Read CSRxP’s full letter of opposition on S.2140 HERE.

S.2220, The Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act) would undermine the U.S. Patent and Trademark Office’s (USPTO) capacity to review patentability claims, weaken the inter partes review process, and strengthen brand-name pharmaceutical companies’ ability to extend monopoly protections. The PREVAIL Act would inevitably result in patients paying the high cost of brand-name prescription drugs for longer than even occurs today. Read CSRxP’s full letter of opposition on S.2220 HERE.

Read more on how Big Pharma’s patent abuse is the root cause of high prescription drug prices HERE.

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

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