An Ozempic box and its contents lie on a table in Dudley, North Tyneside, Britain, October 31, 2023.
Lee Smith | Reuters
The Federal Trade Commission said Tuesday it is challenging hundreds of allegedly “junk” patents held by drug companies for 20 brand-name drugs, including… Novo Nordisk Popular medications Ozempic, Saxenda and Victoza.
The FTC issued letters to 10 companies, warning them that some drug patents had been incorrectly listed. These companies include Novo Nordisk, AstraZenecaBoehringer Ingelheim, Covis Pharma, GlaxoSmithKline, Novartis, Teva Pharmaceuticals And Amphastar Pharmaceuticalsin addition to some of its subsidiaries.
Many of the drug patents are for type 2 diabetes, along with asthma and inhalers for chronic obstructive pulmonary disease, or chronic obstructive pulmonary disease.
Most of the best-selling drugs are protected by dozens of patents covering various ingredients, manufacturing processes and intellectual property. Generic drug manufacturers can only release cheaper versions of brand-name drugs if their patents have expired or been successfully challenged in court.
“By filing false patent listings, drug companies inhibit competition and inflate the cost of prescription drugs, forcing Americans to pay exorbitant prices for the medications they depend on,” FTC Chairwoman Lina Khan said in a statement. “By challenging unwanted patent filings, the FTC combats these illegal tactics and ensures that Americans have timely access to innovative, affordable versions of the drugs they need.”
The Federal Trade Commission (FTC) has also notified the Food and Drug Administration of the challenges. The FDA manages patent lists for approved drugs in a document called the Orange Book.
The Federal Trade Commission first challenged dozens of brand-name drug patents last fall, prompting three drugmakers to comply and remove their patents with the FDA. Five other companies did not.
Tuesday's announcement expands the Biden administration's efforts to crack down on alleged patent violations by the pharmaceutical industry. The Federal Trade Commission has argued that drugmakers are unnecessarily filing dozens of additional patents for brand-name drugs to keep their drug prices high and prevent unlicensed competitors from entering the U.S. market.
The patent disputes add to the Biden administration's broader efforts to make health care more accessible to Americans — a key plank of President Joe Biden's 2024 reelection campaign.
