It ensures that innovator companies are rewarded fairly and incentivized to develop new medicines.

Patents issued after a product receives FDA approval should be limited.

Concerns about patents preventing biosimilar competition are exaggerated.

Patents have burdened the health care system with high costs and lack of competition.

The US patenting system is on trial as AbbVie faces congressional scrutiny and 

 over the long-running marketing exclusivity it has enjoyed for adalimumab (Humira). One competitor contends the company has received over $100 billion in revenues since Humira was first approved in 2002 and could receive $40 billion more before adalimumab biosimilar competition in the United States is introduced in 2023. In a recent commentary for The Center for Biosimilars®, intellectual property attorneys for Axinn outlined what they saw as 

 of the FDA’s Purple Book system for patent disclosures. Specifically, these disclosures are incremental and are of limited help to competitor companies who need to understand the patent landscape in order to develop biosimilars and bring them to market successfully.

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When it comes to biologics, there is a constant push and pull over patent rights. Some believe this is part of a healthy market-driven economy. Others are skeptical.

Poll: Where Do You Stand on Product Exclusivity Protections?