Drug Prices After Patent Expirations in High-Income Countries and Implications for Cost-Effectiveness Analyses

JAMA Health Forum. 2024 Aug 2;5(8):e242530. doi: 10.1001/jamahealthforum.2024.2530.

Abstract

Importance: Understanding how patent expirations affect drug prices is crucial because price changes directly inform accurate cost-effectiveness assessments. This study investigates the association between patent expirations and drug prices in 8 high-income countries and evaluates how the changes affect cost-effectiveness assessments.

Objective: To analyze how the expiration of drug patents is associated with drug price changes and to assess the implications of these price changes for cost-effectiveness evaluations.

Design, setting, and participants: This cohort study performed an event study design using data from 8 high-income countries to assess the association between patent expiration and drug prices, and created a simulation model to understand the implications for cost-effectiveness analyses. The simulation cost-effectiveness model analyzed the implications of including or ignoring postpatent price dynamics.

Exposure: Drug patent expiration.

Main outcomes and measures: Change in drug prices and differences in incremental cost-effectiveness ratios when considering vs ignoring postpatent price dynamics.

Results: The sample comprised 505 drugs undergoing patent expiration in Australia, Canada, France, Germany, Japan, Switzerland, UK, and US. Price decreases were statistically significant over the 8 years after patent expiration, with the fastest price declines observed in the US: 32% (95% CI, 24%-39%) in year 1 after patent expiration and 82% (95% CI, 71%-89%) in the 8 years after patent expiration. Estimates for other nations ranged from a decrease of 64% in Australia to 18% in Switzerland in the 8 years after expiration. The cost-effectiveness simulation model indicated that not accounting for generic entry into the market may produce biased incremental cost-effectiveness ratios of 40% to -40%, depending on the scenario.

Conclusions and relevance: The findings of this cohort study demonstrate that drug prices were reduced substantially after patent expirations in high-income countries. Therefore, incorporating information on patent status and pricing dynamics in cost-effectiveness assessment analyses is necessary for producing accurate economic evaluations of new drugs.

MeSH terms

  • Australia
  • Cohort Studies
  • Commerce / economics
  • Commerce / legislation & jurisprudence
  • Commerce / statistics & numerical data
  • Cost-Benefit Analysis*
  • Developed Countries* / economics
  • Drug Costs* / statistics & numerical data
  • Drugs, Generic / economics
  • Humans
  • Patents as Topic*
  • United States

Substances

  • Drugs, Generic