Lower-cost Biosimilars Blocked from Market by Patent Thickets

January 25, 2022

A new study finds that only 6% of patents for biologic medicines are for key ingredients. In contrast, 42% cover manufacturing process, 32% were for formulations, and 35% were for other methods to use the same molecule. This tactic, called patent thicketing, is designed to block out cheaper biosimilars from the market.

According to an ICER Newsletter, “The researchers examined 21 patent infringement lawsuits filed by pharmaceutical companies against other drug makers and identified 179 patents that were allegedly infringed. But most were for so-called secondary uses, or less critical than uses listed in primary patents.”