Policy1 hSeptember 29, 2026, 02:53

Patents on small-molecule drugs more than tripled since 1990

A JAMA study found the average number of patents per FDA-approved small-molecule drug rose from 2.1 in 1990 to 6.9 in 2019, extending patent protection from 2 to 6.1 years. Nonprimary patents made up 84% of the 10,940 patents on 1,981 drugs, creating "patent thickets" that delay generics.

Ars Technica

Open source

Patents on small-molecule drugs more than tripled since 1990

Average patents per drug rose from 2.1 in 1990 to 6.9 in 2019
Patent protection period grew from 2 to 6.1 years
84% of 10,940 patents on 1,981 drugs were nonprimary
Per capita prescription drug spending rose from $291 to $1,084

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