Prescription Drug Patents: Balancing Innovation, Access, and Affordability

All materials can be found in full at the links provided.


Key Resources (listed chronologically, beginning with the most recent)

“Overpatented, Overpriced: How Excessive Pharmaceutical Patenting is Extending Monopolies and Driving up Drug Prices.” I-MAK. August 2, 2018. Available at

“The Roles of Patents and Research and Development Incentives in Biopharmaceutical Innovation.” Grabowski, H., DiMasi, J., and Long, G. Health Affairs. February 2015. Available at


Additional Resources (listed chronologically, beginning with the most recent)

“IP Explained: Myth vs. Fact about Strong Patent Protections in the Biopharmaceutical Industry.” Wilbur, T. Pharmaceutical Research and Manufacturers of America. The Catalyst. May 2, 2019. Available at

“FDA Approves More Generic Drugs, but Competition Still Lags.” The Pew Charitable Trusts. February 25, 2019. Available at

“May Your Drug Price Be Evergreen.” Feldman, R. Journal of Law and the Biosciences. December 7, 2018. Available at

“Balancing Innovation and Competition in the Biologics Marketplace.” Korn, D. Pharmaceutical Research and Manufacturers of America. The Catalyst. October 11, 2018. Available at

“Patent Policy Prescriptions.” I-MAK. October, 9, 2018. Available at

“Patentability Standards for Follow-On Pharmaceutical Innovation.” Holman, C., Minssen, T., and Solovy, E. Biotechnology Law Report. June 1, 2018. Available at

“Promoting Competition to Address Pharmaceutical Prices.” Darrow, J. and Kesselheim, A. Health Affairs. March 15, 2018. Available at

“Health Policy Brief: Patent Settlements.” McCaughan, M. July 21, 2017. Health Affairs. Available at

“Getting to the Root of High Prescription Drug Prices Drivers and Potential Solutions.” Waxman, H., Corr, B., Martin, K., et al. The Commonwealth Fund. July 2017. Available at

“Rising Costs for Patented Drugs Drive Growth of Pharmaceutical Spending in the U.S.” Blue Cross Blue Shield. The Health of America Report. May 3, 2017. Available at

“Enabling Competition in Pharmaceutical Markets.” Morton, F. and Boller, L. Hutchins Center Working Papers No. 30. May 2017. Available at

“A Prescription for Excessive Drug Pricing: Leveraging Government Patent Use for Health.” Brennan, H., Kapczynski, A., Monahan, C., et al. Yale Journal of Law Technology. 2017. Available at

“How Patent Law Can Block Even Lifesaving Drugs.” Frakt, A. The New York Times. September 28, 2015. Available at

“The Importance of Patents to Innovation: Updated Cross-Industry Comparisons with Biopharmaceuticals.” Cockburn I. and Long G. Journal Expert Opinion on Therapeutic Patents. July 2015. Available at

“Intellectual Property Underpinnings of Pharmaceutical Innovation: A Primer.” Rinehart, W. American Action Forum. July 29, 2014. Available at

“Specialty Drug Prices and Utilization after Loss of U.S. Patent Exclusivity, 2001-2007.” Conti, R.M. and Ernst, B.R. National Bureau of Economic Research. March 2014. Available at

“Pay-for-Delay: How Drug Company Pay-Offs Cost Consumers Billions.” Federal Trade Commission. July 2010. Available at