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US challenges ‘fake’ drug patents to boost competition

US federal regulators are challenging patents on 20 brand-name drugs, the latest effort by the Biden administration to crack down on drug industry practices that drive up prices.

The Federal Trade Commission (FTC) on Tuesday sent warning letters to 10 drug makers, challenging patents on popular drugs for weight loss, diabetes, asthma and other diseases.

The letters allege that some patents filed by Novo Nordisk, GlaxoSmithKline, AstraZeneca and seven other companies are inaccurate or misleading.

Brand-name drug makers use patents to protect their drugs and avoid cheaper generic drugs.

Most blockbuster drugs are protected by dozens of patents covering various ingredients, manufacturing processes and intellectual property.

Generic drug makers can make their own cheaper versions only if the patents have expired or are successfully challenged in court.

“By submitting false patent listings, drug companies block competition and inflate the cost of prescription drugs, forcing Americans to pay exorbitant prices for the drugs they depend on,” Federal Trade Commission Chairwoman Lina Khan said in a statement.

Ozempic, for example, is part of a class of drugs that were originally developed to treat diabetes but were recently approved to treat obesity, leading to an increase in prescriptions.

Spending by Medicare, the health insurance system run by the U.S. government, on these drugs has also increased in recent years.

The drug’s Danish manufacturer, Novo Nordisk, declined to comment.

The Federal Trade Commission’s latest announcement follows similar actions in September, when regulators challenged more than 100 patents held by drugmakers including Abbvie, AstraZeneca and Boehringer Ingelheim.

According to the FTC, companies receiving the letters have 30 days to withdraw or update their patent listings or “under penalty of perjury” to certify that they are legal.

Patents are filed with the Food and Drug Administration, which reviews and approves new drugs.

The patent issues are part of President Joe Biden’s strategy to lower drug prices, including allowing Medicare to negotiate with drug makers and allowing states like Florida to import cheaper drugs from other countries.

Author: Lusa
Source: CM Jornal

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