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PATENTS AND
INTELLECTUAL PROPERTY
The Bedrock of American Invention
A strong intellectual property system has been the lifeblood of American invention, and has made America the world leader of technological advancement for generations. These inventions have included all parts of technology including healthcare and medicines. If America wants to stay ahead of China and other international competitors in the development and manufacturing of new technologies and new medicines, then Congress needs to promote and defend strong IP protections.
In the biopharmaceutical sector, patents enable research and development, drive the next generation of innovation leaders, support competition and promote the next wave of medical treatments and therapies.
Stated simply, progress in treating your basic ailments to defeating cancer, Alzheimer's, infectious, chronic, and rare diseases rely on solid IP rights and patent protections. These rights and protections support millions of American workers involved in biopharmaceutical inventions and the industry overall. Disrupting the balance of a strong IP system not only threatens American innovation and international competitiveness but also attacks the core of American citizen’s health and well-being nationwide – we cannot let this happen.
PATENTS FUEL MEDICAL INNOVATION AND ECONOMIC GROWTH
The U.S. patent system directly incentivizes the development of new medicines. Equally important, it facilitates the creation of generic drugs once patents expire, enhancing competition and making treatments more affordable for patients.
Developing a single drug involves multiple research streams and formulations that often requires securing multiple for each aspect of the drugs creation. This layered protection supports continuous improvements, such as refining medications and discovering new applications for them. Without question, science is complex, and medication supply chains constant innovations are vital for maintaining the U.S.'s leadership in medical advancements and ensuring that the biopharmaceutical industry remains competitive globally. Most critically this system ensures American citizens are the first line of those patients who have access to the worlds most innovative, and impactful cures.
PATENT COMPETITION BY THE NUMBERS
Patents ensure a competitive market where no single entity monopolizes the treatment of a condition, encouraging the development of brand-name drugs and their competitors.
Patents last for
20
years,
giving time for necessary drug testing and approval.
Over
90%
of prescriptions in the U.S. are now for generic medications, a significant rise from 19% more than three decades ago.
In 2023 alone, the FDA approved
55
new drugs,
demonstrating a robust pipeline of innovative treatments.
The U.S. biopharmaceutical industry is responsible for over
50%
of the world's new drug discoveries.
THREATS TO IP AND PATENT RIGHTS
The patent system balances invention with affordability, ensuring that new treatments and cures remain accessible to patients. However, current policy trends could undermine these protections, threatening the ongoing cycle of innovation and economic growth.
For instance, government plans to haphazardly seize patents pose a significant risk to the development of new treatments. Any proposal to use march-in rights as price controls positions the government to upend a balanced system that disincentivizes private contributions to deliver transformative inventions to the public and foreshadows workforce layoffs in return.
While the NIH conducts limited research, most R&D investment comes from biopharmaceutical companies. If the government can revoke patent protections, it diminishes the incentive for these powerful contributors to collaborate with government agencies or universities.
The U.S. government already has legal mechanisms in place to deter and detect anticompetitive practices – for which the patent system does not encroach. That’s why protections for IP rights and the current patent system are so important.
RESOURCES TO LEARN MORE
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Don’t Throw Out 40 Years of Innovation by Dismantling IP Protections," Inside Sources (Aug. 29, 2024)
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Celebrating 40 Years of the Hatch-Waxman Act (August 2024)
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"The US Needs A New, Pro-Patent, Pro-Growth Innovation Policy," Forbes (Mercatus Center - June 2024)
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"Politicians Can Aid Patients By Protecting Patents," (Taxpayers Protection Alliance - June 2024)
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"The 2024 Patent Landscape and a Roadmap for Future Prosperity," Forbes (Mercatus Center - June 2024)
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Issue Brief Addressing Patent Myths (Council for Innovation Promotion - May 2024)
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Myths v. Facts: Can Bayh-Dole March-In Rights Lower Drug Costs? (Bayh-Dole Coalition - April 2024)
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#SaveBayhDole: The White House "March-In" Framework Explained (Bayh-Dole Coalition - April 2024)
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IP Protections for Medicines: Supporting Innovation and Promoting Competition (Incubate - April 2024)
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"Biden's Latest Plan to Control Drug Pricing Threatens America's Economic Prowess," DC Journal (Taxpayers Protection Alliance - March 2024)
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USIJ Response to NIST Bayh-Dole Guidance RFI (Alliance of U.S. Startups & Inventors for Jobs - February 2024)
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"Biden Admin's March-In Plan Would Hurt Medical Innovation," Law360 (Partnership to Fight Chronic Disease - February 2024)
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"Biden March-In Plan is Misguided and Likely Harmful," (National Taxpayers Union - January 2024)
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Losing the Lead: Why the United States Must Reassert Itself as a Global Champion for Robust IP Rights (Information Technology and Innovation Foundation - June 2023)
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For Biomedical Innovation, Congress Should Follow the Maxim "First, Do No Harm" (November 2022)
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The Impact of Price Controls on Investment Into Small Biotech Innovation (Incubate - November 2021)
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