Overpatented, Overpriced

America's Bestselling
Drugs of 2019

Drug Total patent applications # Patents Issued % Filed after FDA approval Duration of patent protection Patents filed in U.S. vs. Europe Patents filed in U.S. vs. Japan % Price increase
2014-2019
>10% Medicare
annual price increase
>5% Medicaid
annual price increase
Top 10 Medicare total spending (rank, part B or D) Medicare spending per beneficiary On U.S. market since Generic / biosimilar approved by FDA (year) Generic / biosimilar on the U.S. market since (year) Company Condition(s) Treated Drug Type
Humira 257 130 90% 39 3.3x 4.1x 69% ✔ 17% ✔ 16% ✔ 6,D $42,533 2002 ✔ 2016 - AbbVie Arthritis Biologic
Eliquis 49 31 37% 33.8 2.7x 3.1x 58% ✔ 18% ✔ 8% ✔ 1,D $3,031 2012 - - Pfizer/BMS Stroke/Embolism Small Molecule
Keytruda 129 86 50% 34.6 1.0x 1.2x 147% ✔ 23% - ✔ 2,B $51,104 2014 - - Merck Cancer Biologic
Revlimid 196 109 74% 40.4 2.6x 2.6x 34% ✔ 14% ✔ 9% ✔ 2,D $103,028 2005 - - BMS/Celgene Multiple Myeloma Small Molecule
Imbruvica 165 88 55% 29.2 3.6x 3.9x 42% ✔ 19% - ✔ 9,D $85,128 2013 - - AbbVie Cancer Small Molecule
Opdivo 84 44 70% 35.1 2.2x 2.0x 167% ✔ 19% ✔ 26% ✔ 3,B $52,241 2014 - - BMS Cancer Biologic
Eylea 89 58 53% 39.7 3.2x 4.9x 16% - - ✔ 1,B $10,648 2011 - - Bayer/Regeneron Macular Degeneration Biologic
Avastin 222 75 80% 41.6 2.4x 2.1x 21% - - ✔ 8,B $4,517 2004 ✔ 2017 ✔ 2019 Roche Cancer Biologic
Enbrel 68 39 76% 47.5 2.1x 2.6x 84% ✔ 17% ✔ 14% - $39,566 1998 ✔ 2016 - Amgen Arthritis Biologic
Xarelto 51 32 41% 33.5 1.5x 1.6x 71% ✔ 18% ✔ 9% ✔ 4,D $3,197 2011 - - Johnson&Johnson Blood Clots Small Molecule
Average 131 69.2 63% 37.5 2.5x 2.8x 71% $39,499 2008.4

Numbers in pink font indicate above the average for the 10 drugs

  • Patent data as of August 2020
  • Data on pricing changes from 2014-19 were obtained from IQVIA monthly NSP prices during that period. These represent total spending on prescription medicines from wholesaler transactions and include all on-invoice discounts, but no off-invoice discounts or rebates
  • Data on prices and spending for Medicare and Medicaid were obtained from the CMS ‘Drug Spending Database’ and reflect data from 2014-2018
  • Medicare price increases are based on average annual changes in the price per beneficiary from 2014 to 2018, and spending per beneficiary is for 2018. Spending rank is noted and respective for Part B or Part D, as of 2018
  • Medicaid price increases are based on average changes in the price per claim over the period 2014-2018
  • Humira and Humira Pen are combined and reflect the total for Medicare and Medicaid spending rank; annual price increases reflect the average of the two product sub-types

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