Conscience June 2024 Policy Brief - FTC Challenges Improper Patent Listings

FTC Challenges Improper Listings on FDA Pharmaceutical Patent Registry

US Pharmaceutical firms often improperly list drug patents in the US Food and Drug Administration (FDA)’s registry of approved drug patents. This “patent thicket” delays the regulatory approval of competing products, and indirectly leads to higher healthcare costs. The US Federal Trade Commission (FTC) recently issued a policy statement warning that it would increase enforcement of improperly listed patents.

This Policy Brief explores the problem, the FTCs response, and lessons learned