Stopping Pharma’s Ripoffs and Drug Savings For All Act
The implications of this bill are substantial for the pharmaceutical industry and its regulation. Supporters argue that it will lead to more competitive drug prices by limiting the ability for pharmaceutical companies to use multiple patents to maintain long periods of exclusivity for similar medications. This, in turn, could enhance access to crucial medications for consumers and reduce healthcare costs. The bill also mandates a comprehensive review of the United States Patent and Trademark Office (USPTO) practices to ensure effective examination of patent applications related to pharmaceuticals.
House Bill 890, titled the 'Stopping Pharma’s Ripoffs and Drug Savings For All Act', proposes amendments to Title 35 of the United States Code to prevent double patenting of drugs and biological products. It introduces measures that are aimed at clarifying patent obligations and distinguishing between legitimately distinct inventions. The bill specifically establishes that once the patent term of a drug expires, any subsequent patents that do not cover patentably distinct inventions shall be presumed to have been disclaimed, thus preventing companies from extending their market exclusivity unjustly through minor modifications.
Despite its intended benefits, the bill has ignited debate among stakeholders. Proponents from the consumer advocacy sector believe this change is crucial for curtailing 'evergreening' practices – where companies make slight adjustments to existing drugs to secure new patents without significant innovations. Conversely, critics, particularly in the pharmaceutical industry, contend that the bill could undermine incentives for drug development and innovation. They argue that without the ability to secure extended patent protections, research and investment in new drugs might be jeopardized, potentially stifling advancements in medical therapies.