The Hidden Tax: How Bad Patents Drive Up Drug Prices for Everyone

Featuring

[Moderator] Wayne Brough, Resident Senior Fellow, Technology and Innovation, R Street Institute

Charles Duan, Assistant Professor, Washington College of Law, American University

Joseph Daval, Research Scientist, Program on Regulation, Therapeutics, and Law (PORTAL)

Sarah Karlin-Smith, Research Director, Access to Medicines Program, Public Citizen

Jon Potter, Executive Director, Coalition Against Pharmaceutical Patent Abuse (CAPPA)

Overview

Join the R Street Institute for a timely discussion about the intersection of drug pricing and patents—specifically how patent gamesmanship and excessive litigation can harm consumers, patients, and taxpayers by keeping lower-cost generics off the market.

Our panelists will examine how the patent system is used to extend monopoly pricing rather than promote innovation. We’ll also discuss reforms that could restore balance between incentivizing new treatments and ensuring Americans have timely access to affordable medicines.

Lunch provided. This event is open to all, but seats are limited. Register now!

Key Discussion Points

• Patent Thickets: How do overlapping patents on a single drug block generic entry and extend monopoly pricing beyond the original patent’s expiration?
• Serial Litigation: How do successive, near-identical patent lawsuits exploit Hatch-Waxman procedures to delay generic entry even after brand name firms lose in court?
• Evergreening and Product Hopping: How do minor tweaks to existing drugs (e.g., new dosages, formulations, or delivery methods) generate new patents that extend exclusivity without meaningful therapeutic benefit?
• Reform Pathways: What can Congress do to improve access and affordability for lifesaving drugs?