H.R.890 - Stopping Pharma’s Ripoffs and Drug Savings For All Act (119th Congress)
Summary
H.R.890, the "Stopping Pharma's Ripoffs and Drug Savings For All Act," aims to amend Title 35 of the United States Code to prevent double patenting, specifically concerning drug patents. The bill seeks to limit the extension of drug patent terms by addressing situations where multiple patents cover the same drug or biological product. It also mandates a review by the United States Patent and Trademark Office (USPTO) of its patent examination procedures to prevent the improper issuance of patents that extend drug exclusivity.
Expected Effects
The likely effect of this bill is to reduce the ability of pharmaceutical companies to extend their market exclusivity through successive patents on the same drug. This could lead to earlier generic competition and lower drug prices for consumers. The USPTO review may also lead to changes in patent examination practices.
Potential Benefits
- Lower drug prices for consumers due to earlier generic competition.
- Reduced healthcare costs for individuals and the government.
- Increased access to essential medicines.
- Encouragement of innovation focused on new drugs rather than extending patents on existing ones.
- Greater transparency and scrutiny of pharmaceutical patent practices.
Potential Disadvantages
- Reduced profitability for pharmaceutical companies, potentially impacting investment in research and development.
- Potential for legal challenges and disputes over patent validity.
- Possible disincentive for companies to invest in developing new formulations or delivery methods for existing drugs.
- The USPTO review could create additional administrative burdens.
- Difficulty in determining what constitutes a "patentably distinct invention".
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the spirit of the Constitution by promoting the general welfare through potentially lowering drug costs and increasing access to medicine. Congress's power to legislate on patents is derived from Article I, Section 8, Clause 8, which grants Congress the power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries". This bill seeks to refine the application of patent law in the pharmaceutical sector.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).