Rep. Alexandria Ocasio-Cortez (D-NY) criticized major pharmaceutical companies for exploiting the U.S. patent system to delay generic medicines during a House health subcommittee hearing.
The lawmaker's comments highlight a growing legislative focus on anti-competitive strategies that extend market exclusivity. These practices often prevent cheaper alternatives from entering the market, which directly increases the cost of essential medications for consumers.
Ocasio-Cortez focused her criticism on the arthritis drug Humira, produced by AbbVie. She said the company used a strategy of filing numerous patents to maintain its monopoly over the medication. This approach, known in the industry as patent thicketing, allows companies to protect their profits long after the original patent expires.
"The company secured more than 130 patents related to Humira, extending its market exclusivity and keeping prices high," Ocasio-Cortez said [1].
By securing more than 130 patents [1], the company created a legal barrier that generic manufacturers must navigate. This process can take years of litigation and investment, which discourages competitors from launching lower-cost versions of the drug. The result is a prolonged period where patients and insurance providers must pay premium prices.
The hearing in Washington, D.C., served as a platform to examine how these patent strategies impact public health access. Ocasio-Cortez said the current system allows corporations to prioritize shareholder returns over patient affordability. She said the ability to block generics through legal maneuvers undermines the original intent of the patent system, which was to encourage innovation in exchange for a limited period of exclusivity.
“"The company secured more than 130 patents related to Humira, extending its market exclusivity and keeping prices high."”
The scrutiny of 'patent thickets' reflects a broader effort by U.S. lawmakers to address the rising cost of healthcare. If the government successfully implements reforms to limit the number of patents a company can use to block generic entry, it could lead to a surge of biosimilars and lower prices for chronic disease treatments.
