Illustration: Shoshana Gordon/Axios
The Senate today passed by unanimous consent a bipartisan bill aimed at lowering drug prices by cracking down on practices that backers say manufacturers use to game the patent system.
Why it matters: The measure will generate savings for the government and patients, and its passage marks a rare instance where a noteworthy health care bill passed the upper chamber with no dissent.
What's inside: The bill from Sens. John Cornyn and Richard Blumenthal was hotlined after Judiciary Committee approval and cracks down on the use of an array of patents on the same product, known as a "thicket," to delay competition from cheaper generic drugs.
- It was scaled down from an earlier version, which also would have targeted a tactic known as product hopping. That section had drawn particularly strong objections from drug manufacturers.
- Still, PhRMA had concerns with the patent thicket section.
- "PhRMA has always supported the full lifecycle of medicines — from innovation to generic and biosimilar uptake," said PhRMA spokesperson Megan Van Etten. "We do however have concerns with Congress prohibiting innovators from enforcing lawfully granted patents."
What they're saying: Cornyn on the floor said the bill would save $1.8 billion, per the CBO.
- He said the measure "protects innovation" but that "some companies are abusing the system."
What's next: The bill would still need to pass the House, but the unanimous Senate action makes it more attractive as a pay-for in any year-end health care deal.
