A box of Ozempic and its contents sit on a table in Dudley, North Tyneside, England, on October 31, 2023.
Lee Smith | Reuters
The Federal Trade Commission said Tuesday challenging Pharmaceutical companies hold hundreds of so-called “junk” patents for 20 brand-name drugs, including Novo Nordisk Blockbuster drugs Ozempic, Saxenda and Victoza.
The FTC sent letters to 10 companies warning them that certain drug patents were improperly listed. These companies include Novo Nordisk, AstraZenecaBoehringer Ingelheim, Covis Pharma, GSK, Novartis, Teva Pharmaceuticals and amfaxine pharmaceutical co., ltd.as well as some of their subsidiaries.
Many drug patents target type 2 diabetes, as well as inhalers to treat asthma and chronic obstructive pulmonary disease (COPD).
Most top-selling drugs are protected by dozens of patents covering various ingredients, manufacturing processes and intellectual property rights. Generic drug manufacturers can only introduce cheaper versions of brand-name drugs if the patent has expired or been successfully challenged in court.
“Drug companies hinder competition and drive up the cost of prescription drugs by filing false patent listings, forcing Americans to pay sky-high prices for the drugs they rely on,” FTC Chairwoman Lina Khan said in a press release. “By challenging junk patent applications, the FTC is fighting these illegal tactics and ensuring Americans have timely access to innovative and affordable versions of the medicines they need.”
The Federal Trade Commission also notified the FDA of these challenges. The FDA manages the patented list of approved drugs in a document called the Orange Book.
FTC No. 1 be challenged Last fall, dozens of brand-name drug patents led to three drugmakers complying with FDA regulations and delisting their patents. The other five companies did not.
Tuesday’s announcement expands the Biden administration’s efforts to crack down on alleged patent abuses by the pharmaceutical industry. The Federal Trade Commission believes drugmakers unnecessarily list dozens of additional patents for brand-name drugs to keep their drug prices high and prevent generic competitors from entering the U.S. market.
The patent dispute adds to the Biden administration’s broader efforts to make health care more affordable for Americans — a key pillar of President Joe Biden’s 2024 re-election campaign.
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