Pharma companies are using 'patent thickets' to maintain high drug prices

A new study published in JAMA reveals that pharmaceutical companies are increasingly utilizing patent strategies to extend their market exclusivity and keep drug prices high. Researchers found that the average number of patents per small-molecule drug has more than tripled since 1990, rising from 2.1 to 6.9 by 2019. This growth is primarily driven by 'nonprimary' patents, which cover minor modifications such as delivery devices or usage updates rather than the active ingredients themselves. These overlapping layers of intellectual property create 'patent thickets,' effectively delaying the entry of affordable generic alternatives into the market. By securing these secondary patents, manufacturers can extend their monopoly on specific treatments without necessarily providing significant clinical advancements. The study highlights how these legal maneuvers contribute to the rising cost of healthcare in the United States, as competition from generic manufacturers is stifled by complex patent portfolios.