THE REFILL: Latest Dosage of Rx Patent Abuse


  • CAPA Executive Director Matthew Lane Takes Part in R Street Patent Week Panel On June 6, CAPA Executive Director Matthew Lane took part in an R Street panel around Patent Quality Week. The conversation centered around current flaws in the U.S. patent system that enable abuses and results in high drug costs for patients and the entire healthcare system.  Experts also discussed the possible and implementable solutions to swiftly combat ongoing abuses, including retooling the Inter Partes Review (IPR) process. The panel, entitled “Improving Patent Quality Improves Innovation,” was moderated by Wayne Brough, program director for Tech and Innovation, R Street Institute. Lane was also joined on the panel by David W. Jones, executive director, High Tech Inventors Alliance, Daniel Takash, regulatory policy fellow, Niskanen Center and Priti Krishtel, co-founder and co-executive director, I-MAK.

Watch the entire panel here.

  • ICYMI: Lawmakers Have Indirectly and Seemingly Accidentally Influenced Innovation Policy, Favoring Industry

In case you missed it, a new study by Rachel Sachs – “The Accidental Innovation Policymakers” – points to ways in which lawmakers have enabled, at times accidentally, the biomedical industry to game the system.

Key excerpts:

  • “Even as Americans are politically divided on many issues, they are united in the belief that prescription drug prices today are unreasonable—and that pharmaceutical companies and their profits are to blame. This is not surprising, as nearly one-fourth of Americans report difficulty affording their prescriptions, and even more report not taking their medication as prescribed due to the cost.”
  • “… Humira, one of the top-selling drugs in Medicare, was first approved by the Food & Drug Administration (FDA) in 2002. But twenty years later, it still retains its monopoly, and will not face competition in the United States until 2023 due to the surrounding thicket of over 100 patents constructed by its manufacturer. Over time, its net price has increased from $19,000 in 2012 to over $38,000 in 2018. 

Read the full study here.


Law360: ‘It’s Time To Rethink Everything,’ Vidal Says
Dani Kass

  • U.S. Patent and Trademark Office Director Kathi Vidal said Tuesday that it’s time to consider the next big changes in patent law after the America Invents Act, while also pushing smaller agency changes through as soon as possible. Vidal, who was confirmed in April, told the Patent Public Advisory Committee that it would be worth reevaluating whether the current system of treating all patents as “one-size-fits-all” still makes sense, particularly as different industries — namely pharmaceuticals and technology — have different lifecycles.