In the pharmaceutical industry, it’s standard practice for generic versions of a drug to be released once the original patent expires, leading to competitive pricing as manufacturers compete to offer the lowest cost, and the original patent holder loses their exclusive rights. However, in the U.S., this process is often disrupted. A recent FTC investigation revealed that many drug manufacturers exploit the system by patenting minor modifications—such as an inhaler cap—to extend their monopoly over a drug, effectively blocking generics from entering the market. This practice has contributed to the stark price differences seen between the U.S. and other regions, with a drug that costs $7 in the EU being priced as high as $500 in the U.S. It’s unclear if similar tactics are prevalent in Canada, but the impact on American consumers is undeniable.
https://www.washingtonpost.com/health/2024/07/01/teva-patent-pharma-generic-inhaler
Nima
This was also discussed in last night’s 60 Minutes interview with Lina Khan, the Commissioner of the Federal Trade Commission https://www.cbsnews.com/news/ftc-chair-lina-khan-60-minutes-transcript/. Specifically how the pharmaceutical industry got a patent on the strap on inhalers to extend the patents. Highly recommend the interview as she’s also an inspiring law graduate, who was appointed Commissioner at the age of 32.