Our comment to the United States Patent and Trademark Office: America Invents Act Trial Proceedings Before the Patent Trial and Appeal Board

Generation Patient was created—and is led entirely—by young adult patients. Through our nonpartisan work and focused initiatives—the Health Policy Lab and the Crohn’s and Colitis Young Adults Network —we increase the health literacy, confidence, self-management skills, public policy knowledge, and advocacy strategies of young adult patients. We have developed programming for navigating the higher education landscape and educating people about health policy with independent research and analysis. Additionally, we have facilitated more than four hundred virtual meetings and events during the past two years focused on connecting young adult patients worldwide and providing them with critical peer support. Our organization does not accept funding from the pharmaceutical, insurance, hospital, or related healthcare industries. 

The current proposed rules of USPTO about inter partes review and other post-grant review proceedings negatively affect us as young adult patients and the next generation of patients. These must be reconsidered due to the adverse consequences they would impose on patients and the greater public in seeking to contest invalid patents. By creating heightened barriers, these rules stifle competition and unjustifiably drive up prices, particularly for crucial medical treatments we rely on as patients. Moreover, inter partes review fosters innovation by ensuring that patents do not impede future research and development. When invalid patents are challenged, it paves the way for others to build upon existing knowledge and create new, innovative treatments. This promotes a more dynamic and competitive pharmaceutical industry, leading to the development of new medicines and improved healthcare options. 

When the patent system is misused, our demographic of young people with chronic conditions is disproportionately affected. We need novel innovation, fairly priced. As young people, we rely on affordable medicines and need prescription drug inventions with more than a marginal benefit. 

The USPTO should retract its proposal and, in its place, propose rules that actively foster the challenging of invalid patents, facilitating a more accessible process for the broader public to do so. This aligns not only with the original intentions of Congress but also addresses the pressing needs of the American people, who are counting on a fair and supportive patent system.

In conclusion, we want to emphasize that for us as young adult patients, access to affordable prescription medications is a basic human need. According to the Georgetown University McCourt School of Public Policy, 53% of people ages 18-34 use prescription drugs. Moreover, 21% of people ages 18-49 say they have difficulty affording their medication. The share is likely to be even higher for younger adults given that the highest poverty rate in the United States is between the ages of 18-24, but given that research does not sufficiently focus on young adult populations, there is no specific data to cite.

We welcome elaborating on any of the above and continuing to partner to ensure the patent system works for patients.

Sincerely, 

Generation Patient 

www.generationpatient.org