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Patent accumulation delays generic drug availability, keeping healthcare costs high

The high cost of prescription drugs in the US is partly attributed to the exploitation of the patent system. According to Ars Technica, a study found that the number of patents on small-molecule drugs has significantly increased since 1990, potentially delaying cheaper generic versions.

Ars Technica reports that a study published in JAMA on Monday revealed a substantial rise in patent filings for small-molecule drugs since 1990. Specifically, the average number of patents per drug approved rose from 2.1 in 1990 to 6.9 for drugs approved in 2019. The majority of this growth was seen in 'nonprimary' patents. These patents often cover elements unrelated to the drug's main active ingredient, such as minor changes to inactive components, new methods of administration, or the design of delivery systems like auto-injectors.

The accumulation of these extra patents can create what is termed a 'patent thicket.' This thicket reportedly serves to postpone the entry of affordable generic drugs into the market, thereby sustaining higher drug prices even without corresponding new clinical breakthroughs.

Source: To keep drug prices high, pharma has been piling up the patents

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