THE REFILL: Latest Dosage of Rx Patent Abuse
WHAT YOU NEED TO KNOW
- CAPA Continues “Spot-On Savings” Mini-Series To Show How The IPR Process Can Generate Savings For Millions Of Patients & The U.S. Healthcare System.
Part IV: IPR & Heart Disease – Knocking Down Erroneously Extended Patents. Read the full story below:
- In 2017, the patent for an anti-clotting drug prasugrel, under the brand named Effient, expired. However, the patent holder Daiichi Sankyo also held a later obtained patent for the use of Effient with aspirin, which extended patent protections and exclusivity by six years.
- During an IPR analysis of the patent, the Board concluded that the combination of Effient with aspirin is not a unique or novel innovation since aspirin is a blood thinner that also limits blood clots.
- Once again, the IPR process successfully prevented the exploitation of the U.S. patent system.
- Ultimately, competition in the marketplace reduced prices by 97% below the brand cost.
It is clear that the inter partes review process is a faster, more effective, and less costly alternative to correct errors in issued patents. That means patients see sharp price reductions in the drugs they rely on years faster. IPR should be strengthened, but repeated legal challenges have weakened its ability to correct erroneously issued patents.
WHAT YOU SHOULD BE READING:
- American taxpayers may have provided $162 million toward researching remdesivir, but the federal government does not have patent rights for the drug because the work contributed by U.S. scientists did not generate any inventive new uses, according to a government report. Moreover, Gilead Sciences, which discovered remdesivir, had already reached collaborative research deals with various federal agencies and universities to work on its existing portfolio of patents and patent applications, including for the remdesivir compound.
New York Times: Taxpayers Fund Research and Drug Companies Make a Fortune
David E. Mitchell
- The director of the Centers for Disease Control and Prevention is worried about how Americans will pay for vaccines in the future. As well she should be… This question should concern every American and every policymaker in Washington. These vaccines, which are critical to ending the scourge of Covid-19, were developed with government funding and purchased for $10 to $19.50 per dose with taxpayer dollars.
- On his first day in office, President Biden issued an executive order requiring all federal agencies to identify and fix systemic inequities in their operations… few agencies are as ripe for the application of this kind of equity lens as the U.S. Patent and Trademark Office (PTO), the federal agency that oversees patents, trademarks, and designs. Here are ten actions the White House, Congress, and the PTO should take to answer the President’s call to advance equity across government.
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