West Virginia House Bill HR18

West Virginia 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/10/23

Caption

Urging the Congress of the United States to enact federal law that allows for the expiration on pharmaceutical product patents in certain instances

Impact

If passed, HR18 is expected to significantly alter the pharmaceutical landscape by enabling the U.S. Food and Drug Administration (FDA) to investigate price disparities between the U.S. and OECD member countries. The House of Delegates posits that this could lead to the U.S. Patent and Trademark Office (USPTO) expiring patents on certain drugs where price gouging is identified, thereby increasing competition and potentially lowering drug prices. This could lead to a fundamental shift in how pharmaceutical patents are managed and enforced in the country.

Summary

House Resolution 18 (HR18) urges the U.S. Congress to enact federal legislation that would allow for the expiration of pharmaceutical product patents in certain instances. The resolution addresses the perceived exploitation of patent laws by pharmaceutical companies in the United States, which allows these companies to charge significantly higher prices for medications compared to other developed nations. It emphasizes the negative impact this has on consumers, citing cases where U.S. prices can reach ten to twenty times higher than what is paid in other countries with more favorable pricing regulations.

Sentiment

The sentiment surrounding HR18 appears to be one of strong advocacy for consumer rights and affordability. Supporters of the resolution argue that consumers should not be subjected to steep pricing due to the ability of pharmaceutical companies to exploit patent protections. The emphasis on price gouging and the associated consumer burden underscores a passionate plea for legislative change, reflecting broader societal concerns over healthcare affordability and access.

Contention

Despite its supportive base, there are notable points of contention regarding HR18. Critics may argue against the feasibility of expiring patents and the implications this could have on pharmaceutical innovation. There is concern that such measures could deter future investment in drug development if companies fear losing return on investment due to patent expirations. Moreover, opponents of the bill may emphasize the importance of maintaining a balance between protecting intellectual property rights and ensuring consumer access to affordable medications.