Senate Passes AARP-Backed Bill to Help Lower Drug Prices

The U.S. Senate passed an AARP-supported bill Thursday that aims to speed access to lower-priced prescription drugs by making it harder for big drug companies to keep less expensive generic versions from coming to market.

The bipartisan Affordable Prescriptions for Patients Act of 2023, which now goes to the House for a vote, applies to companies making a class of drugs known as biologics, which are used to treat conditions that commonly affect older adults, such as cancer, multiple sclerosis and rheumatoid arthritis.

The bill would limit the number of patents a drug manufacturer can use in patent disputes with competitors hoping to develop generic versions of these drugs, known as biosimilars.

 U.S. patent laws are set up to help drugmakers recoup their investment in developing innovative treatments by allowing them to sell their product exclusively for a number of years after bringing a new drug to market.

 But some companies are “abusing the system,” said Sen. John Cornyn (R-Texas), who sponsored the bill with Sen. Richard Blumenthal (D-Conn.). “They’re taking extreme steps to maintain their exclusivity on the drug and keep the money rolling in.”

 The bill passed unanimously in the Senate without a roll call vote. It addresses a tactic known as patent thicketing, where drug companies apply for multiple patents — sometimes hundreds — covering minor changes to the same drug, to protect it from competition. 

 AARP on Thursday applauded Senate lawmakers for passing the bill, which we endorsed last year along with other measures aimed at reining in high prescription drug costs.

 “Older Americans, who often rely on several prescription drugs to protect their health, deserve timely access to affordable medication,” said Nancy LeaMond, AARP’s chief advocacy and engagement officer. “For far too long, some drug companies have been able to use patent laws to stifle competition and keep lifesaving medications out of patients’ reach.”

 Bringing down the cost of prescription drugs has long been a priority for AARP. In 2022, we were instrumental in helping to pass a historic prescription drug law that is lowering prices for millions of Medicare enrollees. 

Read more about our efforts to lower prescription drug costs and keep up with AARP’s health coverage.