GoKawiilJAMA study finds pharma patents per drug tripled since 1990
A study published in JAMA and led by patent-law researcher S. Sean Tu found that the average number of patents on small-molecule drugs rose from 2.1 per drug approved in 1990 to 6.9 for drugs approved in 2019. Most of the increase came from 'nonprimary' patents covering things like inactive ingredients, usage instructions, or delivery devices rather than the drug's core active ingredient. The researchers calculated that this expanded patent protection now extends effective monopoly periods from an average of two years to about 6.1 years.
GoKawiil's interpretation of the reporting above, not reported fact.
The findings suggest that pharmaceutical companies are increasingly using secondary patents to build 'patent thickets' that can delay generic competition without requiring new clinical breakthroughs, according to the study authors. If accurate, this pattern could help explain why US drug prices remain elevated for longer even after original patents on active ingredients expire, though the study itself does not quantify direct price impacts. Policymakers debating patent reform may point to this data as evidence supporting stricter limits on secondary drug patents.
- Average patents per small-molecule drug grew from 2.1 in 1990 to 6.9 in 2019, per JAMA study.
- Most new patents cover non-active elements like delivery devices or usage instructions, not the core drug.
- Effective monopoly protection period rose from about 2 years to 6.1 years over the same period.
Source: arstechnica.com, 2026-09-28
Published there as: “To keep drug prices high, pharma has been piling up the patents”
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