Today, the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet is holding a hearing, “Medicines and IP: Balancing Innovation and Access,” to examine the patent system for prescription drugs and access to generics and biosimilars. In a statement submitted for the record, PCMA urged policymakers to address Big Pharma’s War on Generics and focus on a proven solution to high drug prices: increasing drug competition.

Promoting Competition by Addressing Patent Abuse

Competition from generics and biosimilars is the most effective way to reduce prescription drug prices. That’s exactly why big drugmakers use every tactic they can to stop these lower-cost alternatives from reaching the market.

An impenetrable wall of patents… product hopping… pay-for-delay… seemingly endless litigation. These are just some of the schemes Big Pharma uses to keep drug prices high.

Today, Subcommittee members have an opportunity to explore how this egregious behavior impacts American families. And how proposals like the Eliminating Thickets to Increase Competition (ETHIC) Act would take an important step toward restoring balance by limiting the number of patents that can be asserted in litigation against generic and biosimilar manufacturers.

Ensuring Access to Lower Cost Alternatives Through Clear, Competitive Pathways

In addition to patent-related barriers, unclear regulations can delay competition, especially around “skinny labeling”. Patients are paying sky-high brand prices while generic manufacturers navigate uncertainty related to this practice.

The Skinny Labels, Big Savings Act would address those issues that deter competition. Legislators should use today’s hearing to explore how clarifying legal frameworks, including those governing skinny labels, will help ensure that competition can occur as the law intended.

A Clear Path Forward: Bipartisan Proposals to Deliver Affordability 

PBMs rely on competition to negotiate lower drug prices for patients and employers. But when competition is delayed or deterred by Big Pharma’s tactics or regulatory uncertainty, American families pay the price.

That’s why PCMA supports policies that promote competition as the most effective way to lower prescription drug costs. The ETHIC Act and the Skinny Labels, Big Savings Act represent meaningful, bipartisan steps to address barriers that keep lower-cost alternatives off the market. By advancing these reforms, Congress can help improve patient access, strengthen the marketplace, and deliver real savings for Americans.

Read the full statement for the record HERE.