Reform patent laws to increase competition by banning “pay to delay” deals
When a company develops a new drug, they can get a patent so that they are the only company that can sell the drug for up to 20 years. After the patent expires, other companies can sell cheaper generic versions. Some brand-name drug companies have been paying generic manufacturers to delay entering the market, extending their monopoly. A proposal would ban these 'pay-for-delay' agreements.
Arguments For & Against
Pro Argument
Drug companies are gaming the patent system to maintain monopolies long after their patents should have expired, keeping drug prices artificially high. Banning pay-for-delay agreements will allow cheaper generic drugs to come to market sooner, saving consumers and the government billions of dollars.
Con Argument
These settlements between brand-name and generic manufacturers often result in generic drugs coming to market sooner than they would if full patent litigation had to play out. Banning all such payments could perversely delay generic drug entry in some cases.
Source document: SwingSix-Healthcare-Quaire-0724.pdf
| Type | Organization | Date | Nat | Rep | Dem | Gap | Metric |
|---|---|---|---|---|---|---|---|
| New PPC Survey (2026) | Program for Public Consultation | February 2026 | 76% | 79% | 77% | 2% | favor |
| Deliberative Survey | Program for Public Consultation | July 2024 | 71% | 70% | 75% | 5% | favor |
Program for Public Consultation — February 2026
Make it illegal for drug companies–whose patent on a drug has come to an end–to pay generic drug companies to hold off making and selling that drug
Program for Public Consultation — July 2024
When a drug company’s patent is about to expire, make it illegal for that drug company to pay generic drug companies to hold off on making and selling that drug.
Related Policies
Lower prescription drug prices by limiting prices to those charged in other developing countries
86% national support
Renew enhanced ACA subsidies
81% national support
Allow people, aged 55 years or older, to purchase a Medicare plan, which is now only available to those 65 and over
80% national support
Offer a government-run public option similar to Medicare
80% national support