Read and shared by the policymakers, elected officials, and staff who shape U.S. policy.
Exclusives

EXCLUSIVE: Coalition for Affordability & Prosperity urges Congress to oppose controversial Medication Affordability and Patent Integrity Act

The Coalition for Affordability & Prosperity is urging the Senate Health, Education, Labor and Pensions Committee to reject legislation that supporters say would target patent abuse in the pharmaceutical industry, arguing instead that the proposal would raise costs, encourage litigation, and undermine American innovation.

In an exclusive letter obtained by Washington Reporter, Coalition for Affordability & Prosperity Executive Director Chuck Flint called on Committee Chairman Sen. Bill Cassidy (R., La.) and Ranking Member Sen. Bernie Sanders (I., Vt.) to oppose the Medication Affordability and Patent Integrity Act, which is expected to receive consideration in the Senate HELP Committee.

“This would do nothing to help patients while creating new regulatory burdens, inviting costly litigation, weakening intellectual property protections, and exposing sensitive American research and development information to competitors,” Flint wrote.

The Coalition for Affordability & Prosperity argues that lawmakers seeking to reduce prescription drug costs should focus on increasing competition and transparency rather than altering the nation’s patent framework.

“If Congress wants to lower drug costs for American families, it should focus on policies that increase transparency, expand competition, and eliminate unnecessary middlemen that drive up costs throughout the healthcare system,” Flint wrote.

The coalition also pointed to President Donald Trump’s TrumpRx initiative as evidence that lower drug prices can be achieved without changing patent law.

“President Trump’s efforts to increase access to lower-cost medications through TrumpRx has already shown that meaningful savings can be achieved without undermining the innovation ecosystem responsible for developing lifesaving treatments,” the letter states.

The legislation’s supporters have argued that additional disclosure requirements are needed to prevent companies from obtaining or maintaining patents through misleading or incomplete information submitted to federal agencies. The Coalition for Affordability & Prosperity counters that existing law already provides substantial remedies for misconduct.

“The bill is a solution in search of a problem,” Flint wrote, noting that courts can invalidate or render patents unenforceable in cases involving fraud and that federal regulators already possess significant authority to address misconduct before the Food and Drug Administration.

The coalition further argues that the proposal would create unnecessary overlap between agencies with distinct responsibilities.

“The FDA evaluates safety and efficacy. The USPTO evaluates patentability,” Flint wrote. “Conflating those responsibilities does not improve either process.”

The Coalition for Affordability & Prosperity also warned that the legislation could increase legal costs by creating new opportunities for competitors to challenge patents through procedural disputes rather than substantive questions of validity.

The letter raises national security concerns as well, arguing that pharmaceutical companies routinely provide highly sensitive information to regulators and that expanded disclosure requirements could increase risks to proprietary research and development information.

“At a time when Communist China is aggressively competing for technological leadership and seeking access to American intellectual property, Congress should be strengthening protections for U.S. innovation, not creating new risks for the companies developing the next generation of medicines and treatments,” Flint wrote.

The debate comes as lawmakers continue searching for ways to lower prescription drug costs while preserving incentives for pharmaceutical research and development. The HELP Committee has increasingly examined the intersection of patent law, drug pricing, and market competition, setting up a broader fight over whether changes to the patent system would help or harm patients.

For the Coalition for Affordability & Prosperity, the answer is clear.

“The Medication Affordability and Patent Integrity Act does none of those things,” Flint wrote, referring to competition, transparency, innovation, and consumer savings. “We respectfully urge the Committee to reject this misguided legislation.”

 

Advertisement