Biosimilars Council Urges House to Pass Critical Patent Thicket Legislation

Friday September 20, 2024

S. 150 passed the Senate and placed on House suspension calendar

WASHINGTON — The Biosimilars Council calls on the House of Representatives to swiftly pass the Affordable Prescriptions for Patients Act (S. 150), a bipartisan measure led by Senator Cornyn (R-TX) and Senator Blumenthal (D-CT). This critical bill aims to reform rampant patent abuse in the pharmaceutical industry by streamlining patent litigation and expediting access to lower-cost biosimilars. S. 150 passed the Senate by unanimous consent in July. This legislation was placed on the House suspension calendar this week for further consideration.

In 2023, savings from the use of biosimilar medicines reached $12.4 billion. Since their introduction to the market in 2015, biosimilars have generated $36 billion in savings. Biosimilars continue to demonstrate their safety and effectiveness with no meaningful differences in clinical outcomes.

“Too often, patient access to lower cost biosimilars has been delayed by abusive patent thickets,” said Craig Burton, Executive Director for the Biosimilars Council. “S. 150 prevents brand-name pharmaceutical companies from wielding a large number of patents that serve no purpose other than to delay the market entry of lower-cost medicines”

S. 150 streamlines patent litigation and accelerates patient access to affordable biosimilars by capping the number of patents that brand-name pharmaceutical companies can assert in Biologics Price Competition and Innovation Act (BPCIA) patent litigation. By limiting the number of patents that can be asserted, the legislation would prevent brand manufacturers from moving the goalposts and keeping lower-cost medications out of patients’ hands.

Burton continued, “Every day without this legislation is another day patients are denied access to the affordable medicines they desperately need. We again thank the Senate for passing this unanimously and urge the House to take immediate action. It’s time to put an end to patent gamesmanship that prioritizes profits over patients’ wellbeing.”

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About the Biosimilars Council

The Biosimilars Council, a division of the Association for Accessible Medicines, works to ensure a positive environment for patient access to biosimilar medicines. The Biosimilars Council is a leading source for information about the safety and efficacy of more affordable alternatives to costly brand biologic medicines. Areas of focus include public and health expert education, strategic partnerships, government affairs, legal affairs and regulatory policy. More information is available at www.biosimilarscouncil.org.

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