Biosimilars Council urges House to pass patent thicket legislation

The Biosimilars Council is calling on the House of Representatives to swiftly pass the Affordable Prescriptions for Patients Act (S. 150), a bipartisan measure led by Sens. Cornyn (R-Texas) and Blumenthal (D-Conn). 

The Association for Affordable Medicines stated that the bill aims to reform rampant patent abuse in the pharmaceutical industry by streamlining patent litigation and expediting access to lower-cost biosimilars. S. 150 passed the Senate by unanimous consent in July. 

This legislation was placed on the House suspension calendar for further consideration.

“Too often, patient access to lower-cost biosimilars has been delayed by abusive patent thickets," said Craig Burton, executive director of the Biosimilars Council. "S. 150 prevents brand-name pharmaceutical companies from wielding a large number of patents that serve no purpose other than to delay the market entry of lower-cost medicines."

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S. 150 streamlines patent litigation and accelerates patient access to affordable biosimilars by capping the number of patents that brand-name pharmaceutical companies can assert in Biologics Price Competition and Innovation Act patent litigation. By limiting the number of patents that can be asserted, the legislation would prevent brand manufacturers from moving the goalposts and keeping lower-cost medications out of patients' hands, AAM said.

Burton continued, "Every day without this legislation is another day patients are denied access to the affordable medicines they desperately need. We again thank the Senate for passing this unanimously and urge the House to take immediate action. It's time to put an end to patent gamesmanship that prioritizes profits over patients' wellbeing."