This Drug Patent Bill Would Hurt Innovation Without Lowering Prices

BusinessPolicyThis Drug Patent Bill Would Hurt Innovation Without Lowering PricesBySally Pipes,Contributor.Forbes contributors publish independent expert analyses and insights. Sally Pipes is a scholar and think tank CEO who writes on health care.Follow AuthorJun 16, 2026, 11:14am EDT“If the Medication Affordability and Patent Integrity Act passes,” says health expert Sally Pipes, “its most likely effects will be a less reliable intellectual property system, an easier time for drug patent violators and a drop-off in research investment that deprives patients of future breakthroughs.”Getty ImagesThis week, the Senate Committee on Health, Education, Labor and Pensions will consider several bills that aim to “make health care more affordable and accessible to American families.”One in particular deserves a closer look. The Medication Affordability and Patent Integrity Act, introduced by Sen. Maggie Hassan, D-N.H., and co-sponsored by Sen. Josh Hawley, R-Mo., would impose new disclosure requirements on drug companies. The bill’s supporters argue that more disclosure will prevent patent abuse, promote generic competition and lead to lower drug prices.There is little evidence the bill will meaningfully advance those goals. Worse, by adding time and expense to the business of drug development, it will deprive future patients of effective new therapies if it becomes law.Under the bill, drugmakers would have to certify that information submitted to the FDA is consistent with information provided to the Patent and Trademark Office and disclose additional FDA-related materials to patent officials.The theory is that drug companies are obtaining patents by withholding information from patent officials that they disclose to FDA regulators.This tactic, the thinking goes, enables drug firms to secure patents they don’t warrant—and thereby delays generic competitors from entering the market.MORE FOR YOUBut current patent law already requires applicants to disclose information materi...