WASHINGTON– Federal regulators are challenging patents on 20 brand-name drugs, including the blockbuster weight-loss injection Ozempic, in the latest action by the Biden administration targeting industry practices that drive up pharmaceutical prices.
The Federal Trade Commission sent warning letters to 10 drugmakers on Tuesday, challenging patents on popular medications 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.
Brand-name drug makers use patents to protect their drugs and avoid cheaper generic drugs. Most blockbuster drugs are protected by dozens of patents covering various ingredients, manufacturing processes and intellectual property. Generic drugmakers can only launch their own cheaper versions if the patents have expired or are successfully challenged in court.
“By filing false patent listings, pharmaceutical companies block competition and inflate the cost of prescription drugs, forcing Americans to pay exorbitant prices for the medicines they rely on,” said FTC Chair Lina Khan , in a press release.
Ozempic is part of a class of drugs initially developed to treat diabetes, but which have recently been approved to treat obesity, generating a surge in prescriptions. Medicare spending on drugs has also increased in recent years.
The drug’s maker, 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 remove 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 drugs.
The patent challenges are part of a strategy by President Joe Biden to lower drug prices, including allowing Medicare to negotiate with drugmakers and allowing states like Florida to import cheaper drugs from ‘other countries.
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