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American Focus > Blog > Health and Wellness > FDA Simplifies Biosimilar Approvals; Patents And Payment Issues Remain
Health and Wellness

FDA Simplifies Biosimilar Approvals; Patents And Payment Issues Remain

Last updated: November 3, 2025 6:25 am
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FDA Simplifies Biosimilar Approvals; Patents And Payment Issues Remain
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Biosimilars are a type of biologic medication that is designed to be highly similar to an already approved reference product. These medications are created to have no clinically meaningful differences in terms of safety, purity, and potency compared to the original reference product. Biosimilars offer patients more affordable options as lower-priced versions of originator biologics. However, in the United States, patient access to biosimilars has been impeded by regulatory approval hurdles, patent disputes, and reimbursement barriers.

Recently, the Food and Drug Administration Commissioner, Marty Makary, announced plans to expedite the biosimilar approval process by eliminating what he referred to as “unnecessary red tape.” This move aims to speed up the availability of lower-cost treatments to the market. Makary’s proposal includes replacing clinical trial requirements for biosimilar marketing authorization with improved analytical testing in most cases and facilitating pharmacy substitution of biosimilars. The goal is to make every biosimilar interchangeable without the need for additional switching studies, similar to small molecule generics.

While biosimilars offer clinically effective treatment alternatives at a lower cost across various therapeutic classes, including cancer, autoimmune conditions, and insulins, their entry into the U.S. market still lags behind Europe. This is due to challenges unique to the American healthcare system, such as lengthy patent disputes and dynamics in the payer or pharmacy benefit manager space that can hinder biosimilar adoption.

One of the major obstacles to patient access to biosimilars in the U.S. is the prevalence of protracted patent disputes. These disputes often result in delays in biosimilar market entry, as seen with the arthritis drug Enbrel (etanercept). Despite the approval of two biosimilars, Erelzi in 2016 and Eticovo in 2019, Enbrel still holds a monopoly in the U.S. market due to ongoing patent litigation. In contrast, Enbrel has faced biosimilar competition in Europe since 2016, with significant market penetration and cost savings as a result.

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Similarly, biosimilar competition for other biologics like Neupogen (filgrastim) and Humira (adalimumab) has been delayed in the U.S. due to patent disputes, while European markets have seen successful biosimilar launches and substantial cost reductions. The disparity in biosimilar market access between the U.S. and Europe highlights the need for regulatory changes and strategies to overcome barriers to biosimilar adoption in the American healthcare system.

Overall, the push to streamline the biosimilar approval process and address patent disputes and reimbursement barriers is a step in the right direction towards improving patient access to affordable biologic treatments in the United States. By facilitating the entry of biosimilars into the market and promoting competition, patients stand to benefit from increased access to cost-effective treatment options for various medical conditions. In 2019, Humira-referenced biosimilars held an average market share of 35% across Europe. This significant market penetration highlighted the potential for biosimilars to increase competition and drive down prices. However, the journey for biosimilar market entry is not always smooth, as evidenced by the challenges faced in the U.S.

The issue of patent barriers was brought to light by Dr. Makary, who cited the delayed entry of Humira biosimilars as a hindrance to market competition. In the U.S., despite the presence of ten Humira-referenced biosimilars on the market, the overall market share for biosimilars remained low at 2% in early 2024. This disparity was partly attributed to pharmacy benefit manager CVS Caremark’s formulary decisions, which favored certain biosimilars over others.

Regulatory hurdles also pose a significant challenge to biosimilar market access. With a large number of reference biologics set to lose patent protection in the next decade, only 10% have biosimilars in development. This lack of competition could leave patients without more affordable treatment options.

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To address these issues, stakeholders must focus on tackling patent abuses and payer pricing and reimbursement obstacles. Merith Basey of Patients For Affordable Drugs Now emphasized the need for Congress to address patent abuses that hinder competition even after FDA approval. Basey highlighted the potential cost-savings that biosimilars could bring, with the U.S. healthcare system already having saved $56 billion. However, there is the potential to save an additional $181 billion in the next five years with increased biosimilar utilization.

In conclusion, while the potential for biosimilars to drive down costs and increase access to treatment is evident, addressing regulatory, patent, and payer barriers is essential to realize these benefits fully. By working together to overcome these challenges, stakeholders can pave the way for a more competitive and affordable biosimilar market in the future.

TAGGED:ApprovalsBiosimilarFDAissuespatentspaymentRemainsimplifies
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