In a move to combat rising drug prices and promote competition in the pharmaceutical industry, the Federal Trade Commission (FTC) has taken action against alleged "junk" patents held by several pharmaceutical companies. Among the targeted drugs are Novo Nordisk's popular medications Ozempic, Saxenda, and Victoza.

The FTC issued letters to 10 companies, including Novo Nordisk, AstraZeneca, Boehringer Ingelheim, Covis Pharma, GlaxoSmithKline, Novartis, Teva Pharmaceuticals, and Amphastar Pharmaceuticals, along with their subsidiaries, notifying them that certain drug patents were improperly listed. Many of these patents pertain to Type 2 diabetes, asthma, and inhalers for chronic obstructive pulmonary disease (COPD).

According to the FTC, drugmakers have been artificially extending their patent protections by needlessly adding numerous patents to branded medications. This practice allegedly aims to keep drug prices high and hinder generic competitors from entering the US market. By challenging these "junk" patent filings, the FTC aims to ensure timely access to affordable versions of vital medicines for Americans.

The FTC's decision to challenge these patents also involves the Food and Drug Administration (FDA), which manages patent listings for approved drugs through the Orange Book. The FTC has notified the FDA about the patent disputes as part of their collaborative efforts to address the issue.

This recent move by the FTC expands upon their previous efforts to crack down on alleged patent abuses by the pharmaceutical industry. Last fall, the commission challenged dozens of branded drug patents, resulting in three drugmakers complying and delisting their patents with the FDA. However, five other companies did not comply.

The decision to target "junk" patents aligns with the Biden administration's broader efforts to enhance the affordability of healthcare in the United States. President Joe Biden's 2024 reelection campaign emphasizes the importance of making prescription drugs more accessible and affordable to Americans.

The announcement was met with praise from Jon Donenberg, National Economic Council deputy director, who stated, "We applaud the FTC's work with FDA to crack down on Big Pharma's patent games and lower costs for prescription drugs—including weight loss and diabetes drugs."

As the FTC continues to challenge these alleged "junk" patents, it remains to be seen how this action will impact the pharmaceutical industry and the affordability of crucial medications for American consumers.