There is tremendous potential for greater use of generics and significant savings, especially in the next several years, because the patents of many top-selling brand name drugs are expiring. On average, a generic drug costs about $45 less than a brand name drug and it is estimated that for each 1% increase in generic fill rate, pharmacy spend decreases by 1%. NLARx is working with state legislators to promote the use of clinically equivalent generic drugs through a variety of strategies, including requiring the generic to be dispensed when available, through preferred drug lists, lower copays, and counter detailing. NLARx is also working with state legislators interested in a state role regulating the use of patents. Courts have held that patents are a form of property subject to state regulation and control through contract law and even the power of eminent domain.

Researching this Issue

Model laws and best practices, testimony supporting these initiatives, and background information and research materials including reports, legal briefs and decisions, and news articles are posted here. Other relevant materials related to generics policy may be found on the issue pages relating to Preferred Drug Lists and Medicaid pages. The Pricing issue page includes information and legal materials on state drug pricing laws that have raised issues of intellectual property and patent law. The Trade issue page also includes information on patent law cases and policy in an international context. See also the Related Links below to connect to other organizations and materials relevant to this issue.


Model Legislation
Oct 04, 2006
Preferred Drugs Lists Model Legislation | >>more
May 02, 2005
DC Compulsory Licensing Bill | >>more
Feb 05, 2005
Model State Pharmaceutical Eminent Domain Act | >>more
>> view all Model Legislation
 
Testimony
Mar 22, 2005
DC Compulsory Licensing Bill - ILD Supporting Testimony | >>more
Mar 22, 2005
DC Compulsory Licensing Bill - NLARx Supporting Testimony | >>more
Jan 28, 2005
State Pharmaceutical Eminent Domain Legislation | >>more
 
Legal Briefs and Opinions
Nov 07, 2006
Lawsuit Challenging D.C. Unconscionable Pricing Law | >>more
Mar 08, 2005
Summary and Full Court Decision: Schering-Plough Corp. v FTC | >>more
here
Related News
May 06, 2008
Reuters
US Trade Agency Wants to End Deals Delaying Generics | >>more
May 05, 2008
Wal Mart
Wal-Mart Launches Phase Three of $4 Prescription Program | >>more
Apr 30, 2008
Pharmalot
Keeping Patents Obtained By Cheating? | >>more
>> view all News
 
Reports
May 09, 2008
State Policy Options: Savings from Generic Drugs | >>more
Feb 22, 2008
Follow-on Biologics Could Save $378 Billion Over Next 20 Years, Economist's Report Says | >>more
Nov 16, 2007
The Ongoing Regulation of Generic Drugs | >>more
>> view all Reports
 
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