How Patent Expiration Drives Drug Price Drops and Saves Money

How Patent Expiration Drives Drug Price Drops and Saves Money

When a drug’s patent runs out, prices don’t just dip-they plummet. It’s not magic. It’s economics. For years, a single company owns the right to sell a medicine at whatever price it wants. No competition. No pressure. Then, one day, the patent expires. And everything changes.

What Happens When a Patent Expires?

The moment a drug’s patent expires, other companies can legally make and sell the same medicine. These are called generics. They’re chemically identical to the brand-name version but cost a fraction of the price. The first generic to enter the market usually cuts the price by 15% to 20%. That’s noticeable. But it’s just the beginning.

By the time five or ten generic makers join the race, prices can drop by 80% or more. In the U.S., the average drug falls to just 18% of its original price eight years after patent expiry, according to a 2023 study in JAMA Health Forum. In countries like Australia and the UK, the drop is still massive-around 60%. But in places like Switzerland, where pricing rules are tighter, the fall is slower, closer to 20%.

This isn’t theoretical. Patients on Eliquis (apixaban), a blood thinner, paid up to $850 a month before generics hit the market in 2020. After generics arrived, the same dose cost $10. That’s a 99% drop. One drug. One patent. One life-changing shift.

Why Do Prices Drop So Fast?

It’s simple supply and demand. When only one company sells a drug, it’s a monopoly. Monopolies charge high prices because customers have no choice. Once generics enter, it becomes a free-for-all. Each new manufacturer wants to win market share. They undercut each other. The more competitors, the lower the price.

The FDA tracks this closely. In 2023, it approved 870 generic drugs-up 12% from the year before. Many of those were for drugs that just lost patent protection. The first generic usually takes months to get approved. But by the third or fourth entrant, prices start collapsing. Why? Because pharmacies and insurers want the cheapest option. They push generics hard.

It’s not just about the number of makers-it’s about how fast they come in. In the U.S., generics typically enter 30 months after patent expiry. In Europe, it’s often under 18 months. That’s why price drops happen faster overseas. The U.S. system has more legal and regulatory delays. But once generics arrive, the drop is steeper.

A clock striking midnight as patent expires, with generic drug factories flooding the market.

Biologics Are Different

Not all drugs are the same. Most are small-molecule pills-easy to copy. But biologics, like Humira or Ozempic, are complex proteins made from living cells. You can’t just copy them. You have to make a biosimilar. That’s harder, more expensive, and takes longer.

Humira’s patent expired in 2016, but it didn’t face real competition until 2023. Why? AbbVie, the maker, filed over 130 secondary patents on tiny changes-packaging, dosing, delivery devices. Each one delayed generics. This is called a “patent thicket.” It’s legal. And it’s common. According to I-MAK’s 2025 report, 78% of new patents filed on drugs aren’t for new medicines. They’re for old ones with minor tweaks.

When biosimilars finally arrived for Humira in early 2023, prices didn’t crash right away. Why? Because AbbVie had contracts with insurers that paid them rebates. So even though the biosimilar cost less, the final price to patients didn’t change much. It took nearly a dozen competitors entering the market before real savings appeared.

Patent Thickets Are Slowing Down Savings

The system was meant to balance innovation with affordability. But in practice, companies are gaming it. The average blockbuster drug now gets 10 to 15 extra patents after the original one expires. These extend market control by 12 to 14 years. That’s not innovation. That’s delay.

Take semaglutide-the active ingredient in Ozempic and Wegovy. The base patent expires in 2026. But the company has filed 142 patents covering formulations, delivery pens, dosing schedules, and even how it’s manufactured. If all hold up, generic versions might not be available until 2036. That’s a decade of monopoly pricing.

Regulators are starting to push back. The U.S. Patent Office has begun rejecting obvious or repetitive patents. The European Commission proposed limits on supplementary protection certificates in 2024. But change moves slowly. And while the system waits, patients pay.

A biologic drug trapped in a thicket of legal patents, with a small biosimilar pushing through.

Who Benefits When Prices Drop?

Patients do. Insurers do. Taxpayers do. A 2023 Kaiser Family Foundation survey found 68% of insured adults saw lower out-of-pocket costs when generics arrived. For those on Medicare, the savings are even bigger. The Congressional Budget Office estimates generic and biosimilar competition will save the U.S. healthcare system $1.7 trillion over the next ten years.

But savings don’t always reach patients right away. Insurance companies sometimes delay switching to generics because of rebates from brand-name makers. Pharmacists can’t substitute generics unless the doctor allows it. And in some states, biosimilars can’t be swapped automatically like regular generics.

Doctors notice the shift. Rheumatologist Dr. Sarah Kim in Chicago says patients with rheumatoid arthritis switched to biosimilars for infliximab quickly after 2016. But for Humira? “It’s been a fight,” she says. “Payers are tied to AbbVie’s contracts. Patients are stuck paying more, even when cheaper options exist.”

What’s Next?

The next wave of patent expirations is huge. Between 2020 and 2025, drugs worth $220 billion in annual sales will lose patent protection. That’s more than the entire GDP of Switzerland. Generic companies are ready. The global generic drug market is projected to hit $700 billion by 2030.

But the real question isn’t whether generics will come. It’s whether patients will actually get the savings. Until patent thickets are cracked open, and rebate systems are reformed, many people will keep paying high prices long after the patent expires.

The science is clear: when patents expire, prices drop. The system works-when it’s allowed to work. The challenge now isn’t making generics. It’s making sure they reach the people who need them.

Do generic drugs work the same as brand-name drugs?

Yes. The FDA requires generics to have the same active ingredient, strength, dosage form, and route of administration as the brand-name drug. They must also prove they’re absorbed the same way in the body. Generics are not cheaper because they’re weaker-they’re cheaper because there’s no marketing, R&D, or patent monopoly cost.

Why don’t all patients see lower prices after a patent expires?

Because insurance plans and pharmacy benefit managers often use rebates and formulary rules that favor brand-name drugs-even when generics are available. A drug might be cheaper, but if the insurer gets a big rebate from the brand maker, they may keep the brand on the preferred list. Patients end up paying more out of pocket because their plan doesn’t encourage switching.

How long does it take for generics to appear after a patent expires?

In the U.S., it usually takes 18 to 30 months. That’s because generic makers must file paperwork, run tests, and wait for FDA approval. For complex drugs like biologics, it can take 5 to 7 years due to extra regulatory steps and patent lawsuits. In Europe, generics often arrive within 12 to 18 months.

Can a drug company stop generics from entering the market?

Not directly, but they can delay them. They file secondary patents on small changes, sue generic makers for infringement, or sign deals with insurers to block generics from being covered. These tactics are legal under current rules, even if they delay competition for years.

Are there any drugs that never get generics?

Rarely. Even complex drugs like insulin or cancer treatments eventually get generics or biosimilars. But some drugs-especially those with very small patient populations or extremely complex manufacturing-may never have affordable generics because it’s not profitable for manufacturers to make them. These are called “orphan drugs” and often remain expensive for decades.

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