U.S. lawmakers are facing a time crunch to pass a group of bipartisan bills targeting drug patents – laws that risk losing critical ground if not passed by the end of the year.
The bipartisan measures aim to stop drugmakers from using patents to delay cheaper competition, and legislators would be forced to start many from scratch if they fail to become law before the new Congress takes over in January.
The bills address some of the industry tactics ICIJ exposed in Cancer Calculus, a year-long investigation that explored the price and impact of Merck & Co’s lifesaving anti-cancer drug Keytruda.
Among the at least nine bills, the ETHIC Act would limit the number of related patents a company can use when it sues a rival over a cheaper version of its drug. The Drug Competition Enhancement Act would stop companies from steering patients to slightly alter versions of a drug just to extend its patent protection. Another bill would require companies to give the Food and Drug Administration and the U.S. patent office consistent information about a product.
With several of the bills’ sponsors about to leave office, the future of the bills may hinge on what happens in the next two months. While supporters hope some will get added to a year-end health package that analysts are expecting, the rest would have to be reintroduced and repeat passing through committees and votes, all under a Democratic majority with a packed health agenda.
Supporters of the measures say they would get cheaper drugs to patients sooner. Industry groups, including the U.S. Chamber of Commerce, are pushing back and argue that the bills would weaken patent rights and discourage innovation.
https://www.icij.org/investigations/cancer-calculus/merck-keytruda-cancer-drug-price/
Recommended reading FOLLOW UP Lowering doses of cancer drugs could slash global health spending by $30B, new research shows Jun 11, 2026 TRANSPARENCY Merck takes Austria’s Keytruda price transparency battle to top court as journalists fight for information Jul 10, 2026 OVERVIEW How Merck turned its wonder drug into a blockbuster — and priced out cancer patients worldwide Apr 13, 2026
eaper version of a biologic drug (medicines made from living cells that are often costly) in place of the brand-name drug their doctor prescribed. The bill has been approved by committees in both chambers.
ates are looking to the next Congress. Any significant reform, however, Amin said, “will require bold leadership from the Democrats and a break from the politics as usual if we are to rein in patent abuse.”
Contributing reporter: Sydney P. Freedberg.
Source: ICIJ · 2026-11-13