Better FDA and USPTO Collaboration Can Stop Patent Thickets, Say Senators, Experts

Congress needs to put more pressure on agencies like the FDA and the US Patent and Trademark Office (USPTO) to collaborate on fighting patent thickets, the multiple patents pharmaceutical companies file after a drug is already on the market to extend the drug’s period of exclusivity and keep generic alternatives off the market.

That was the sentiment of several senators and expert witnesses speaking at a Senate Committee on the Judiciary hearing May 21, convened to examine competition in the prescription drug market.

Several senators on both sides of the aisle brought up the many bipartisan bills that have passed the House and Senate committees in recent years to address the high cost of pharmaceuticals, eradicate patent thickets and increase transparency into PBM practices. But they pointed out that thus far, none have been brought before the full Senate for consideration.

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