WASHINGTON – Federal regulators are challenging patents on 20 brand-name drugs, including the blockbuster weight-loss shot Ozempic, in the latest move by the Biden administration targeting industry practices that drive up pharmaceutical prices.
The Federal Trade Commission on Tuesday sent warning letters to 10 drugmakers challenging patents on popular drugs for weight loss, diabetes, asthma and other remedial conditions. The letters allege that certain patents filed by Novo Nordisk, GlaxoSmithKline, AstraZeneca and seven other companies are inaccurate or misleading.
Manufacturers of brand-name medicines use patents to protect their medicines and avoid cheaper generic medicines. Most blockbuster drugs are protected by dozens of patents covering various ingredients, manufacturing processes and intellectual property. Generic drug manufacturers can only launch their own cheaper versions if the patents have expired or are successfully challenged in court.
“By submitting false patent lists, pharmaceutical companies block competition and inflate the cost of prescription drugs, forcing Americans to pay sky-high prices for the medicines they depend on,” FTC Chair Lina Khan said in a statement.
Ozempic is part of a class of medications that were originally developed to treat diabetes, but have recently been approved to treat obesity, leading to an increase in prescriptions. Medicare spending on drugs has also soared in recent years.
The drug’s manufacturer, Novo Nordisk, declined to comment.
The FTC’s latest announcement follows similar action in September, when regulators challenged more than 100 patents held by drugmakers, including Abbvie, AstraZeneca and Boehringer Ingelheim.
Companies receiving the letters have 30 days to withdraw or update their patent listings, or “certify under penalty of perjury” that they are legitimate, according to the FTC. Patents are registered with the Food and Drug Administration, which reviews and approves new medicines.
The patent challenges are part of a strategy by President Joe Biden to lower drug prices, including allowing Medicare to negotiate with drug manufacturers and allowing states like Florida to import cheaper drugs from other countries.
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