The FTC Cracks Down on Sham Patents to Protect Generic Drug Competition

The FTC Cracks Down on Sham Patents to Protect Generic Drug Competition

The Federal Trade Commission (FTC) is taking action against the abuse of sham patents by pharmaceutical companies in order to hinder competition from generic drug manufacturers. Despite lax enforcement in recent years, the FTC is now actively pursuing this issue once again.

The abuse centers around the Orange Book, a registry of medicines under patent that contains information on approved prescription drugs, patent and exclusivity details, as well as therapeutic equivalence evaluations. Certain brand drug manufacturers have been fraudulently adding patents to the Orange Book that do not relate to the listed drug or its usage.

This deceptive practice has significant implications for both drug prices and access to prescription medications. When brand drug manufacturers manipulate the system meant to promote generic drug competition, it can drive up costs and limit the availability of affordable alternatives.

In the absence of strong enforcement, corporations have been able to skirt the law. As the FTC addresses this issue, it is clear that relying on the honesty of Big Pharma companies when it comes to their Orange Book listings is an inherently flawed approach.

By cracking down on sham patents, the FTC aims to protect the integrity of the drug approval process and promote fair competition in the pharmaceutical industry. This renewed focus on ensuring the accuracy and validity of Orange Book listings is a positive step towards making prescription drugs more accessible and affordable for consumers.

– Federal Trade Commission (FTC)
– Mike Masnick

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