AARP Backs New Legislation to Help Lower Drug Prices

​AARP urges Congress to make prescription drugs more affordable for older Americans by curtailing patent abuses by pharmaceutical makers. ​

Legislation introduced in the U.S. Senate July 31 targets a process called “evergreening,” which some brand-name companies use to delay the introduction of less expensive generic drugs to the market. Research shows this tactic contributes to high drug prices in the U.S.

The same day, AARP sent a letter to the bill’s sponsors in support. “This will help to better ensure that the patent system is used to reward true innovation — not stymie consumer access to more affordable generic drugs,” wrote Bill Sweeney, the senior vice president for government affairs. ​

U.S. patents help manufacturers recoup the costs associated with developing drugs by allowing them to sell their product exclusively for a certain amount of time after bringing it to market. Evergreening is when a manufacturer takes advantage of patent law, pursuing multiple patents on a single drug to extend the company’s exclusive hold on the market. Manufacturers often obtain additional patent protections even though modifications to the drug are minor. These so-called secondary patents effectively stall generic competition and allow the brand-name drug company to continue charging high prices. ​

The bill aims to curtail this practice by requiring brand-name manufacturers to choose just one patent to receive certain legal protections if challenged by a generic-drug manufacturer. The REMEDY (Reforming Evergreening and Manipulation that Extends Drug Years) Act “would remove incentives for drug manufacturers to file additional patents, and would lift barriers that delay generic market entry,” according to a statement from Sens. Dick Durbin (D-Ill.) and Bill Cassidy (R-La.), who introduced the bill. ​

“Americans are forced to pay sky-high prescription drug costs because pharmaceutical manufacturers often game the patent system to extend their monopolies, avoiding competition from lower-cost generic drugs,” Durbin said in the statement. “The REMEDY Act will increase competition and help reduce drug costs by curbing patent manipulation by Big Pharma.” ​

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 lowers prices for millions of Medicare enrollees. 

Read more about our efforts, and keep up with AARP’s health coverage. ​ ​​​