Drug Patent Filings Tripled Since 1990
A new JAMA study reports that small-molecule drug patents and protection durations have grown significantly.
Updated on Sept. 28, 2026 in Healthcare
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A study published in JAMA reveals that the number of patents per small-molecule drug more than tripled between 1990 and 2019. This trend has extended the average patent protection duration for these medications from two years to 6.1 years.
Why it matters
Pharmaceutical companies use nonprimary patents to create patent thickets, which can delay the market entry of affordable generic alternatives and sustain monopoly pricing. These extended exclusivity periods have contributed to rising prescription drug costs for the public.
Researchers analyzed 1,981 small-molecule drugs approved between 1990 and 2019, identifying 10,940 total patents filed. During this same period, inflation-adjusted U.S. per capita drug spending climbed from $291 to $1,084.
The players
JAMA
This is a peer-reviewed medical journal published by the American Medical Association that covers all aspects of the biomedical sciences.
Food and Drug Administration
This federal agency is responsible for protecting public health by ensuring the safety, efficacy, and security of human and veterinary drugs.
The details
Companies are increasingly securing nonprimary patents for minor adjustments, such as updates to non-active ingredients, usage guidelines, and specialized delivery devices. These filings effectively build walls around a product to prevent competition.
Timeline
1990: Small-molecule drugs averaged 2.1 patents each.
2019: Small-molecule drugs averaged 6.9 patents each.
Monday: The study findings were published in the journal JAMA.
Market Landscape
This trend of patent clustering signals a shift in how pharmaceutical entities maintain market share against generic manufacturers. The reliance on nonprimary patent thickets represents a departure from the regulatory framework established by the 1984 Hatch-Waxman Act.
The extension of patent protections limits the availability of lower-cost generic medications for consumers. As a result, patients may face higher out-of-pocket costs for longer periods before cheaper generic versions become accessible.
The takeaway
Understanding how patents influence medication costs can help patients advocate for lower prices and navigate generic alternatives. Policy discussions surrounding patent thickets will remain a critical factor in future drug affordability.
Further reading
Learn more about industry regulations and pricing trends in the Healthcare section.
Source note: This article includes information reported by Ars Technica.
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