The Federal Trade Commission is challenging patents on 20 brand-name drugs, including popular medications for weight loss, diabetes, and asthma, in an effort to address pharmaceutical industry practices that contribute to high drug prices. This action is part of President Joe Biden’s strategy to lower drug costs, which also includes initiatives such as allowing Medicare to negotiate with drugmakers and permitting states to import cheaper drugs. The FTC sent warning letters to 10 drugmakers, alleging that certain patents filed by these companies are inaccurate or misleading. Brand-name drugmakers use patents to protect their medicines and prevent cheaper generic versions from entering the market.
Among the drugs targeted by the FTC is Ozempic, a blockbuster weight-loss injection that was originally developed to treat diabetes but has recently been approved for obesity treatment as well. The medication has seen a surge in prescribing, leading to increased Medicare spending. Novo Nordisk, the Danish manufacturer of Ozempic, declined to comment on the matter. This latest move by the FTC follows a similar action in September when regulators challenged over 100 patents held by various drugmakers, including Abbvie, AstraZeneca, and Boehringer Ingelheim. Companies that received the warning letters have 30 days to withdraw or update their patent listings or certify that they are legitimate under penalty of perjury.
FTC Chair Lina Khan emphasized that filing bogus patent listings can block competition and drive up prescription drug prices, ultimately burdening Americans with high healthcare costs. Most blockbuster drugs are protected by multiple patents covering different aspects of the medication, such as ingredients, manufacturing processes, and intellectual property. Generic drugmakers can only enter the market with their own versions of the drug once the patents have expired or have been successfully challenged in court. The patents in question are registered with the Food and Drug Administration, which reviews and approves new drugs before they hit the market.
President Biden’s efforts to address rising drug prices have gained support from various sectors, including the Howard Hughes Medical Institute’s Science and Educational Media Group and the Robert Wood Johnson Foundation. The Associated Press Health and Science Department is solely responsible for the content of this news article. The FTC’s challenge to patents on brand-name drugs is a significant step towards promoting competition in the pharmaceutical industry and making medications more affordable for Americans. By questioning the validity of certain patents, regulators aim to create a more level playing field for generic drug manufacturers and ultimately drive down prices for consumers.
