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But cost isn’t the only barrier. Secondary patents—on
delivery methods, formulations, and manufacturing
processes—often extend exclusivity far beyond the
original compound patent. These “patent thickets” can
delay biosimilar entry for years, even after the core biologic
patent has expired.
In our previous example, AbbVie and their aforementioned
132 patents kept the market empty of Humira biosimilars
since 2008 when it was first approved. But starting in 2023
10 biosimilars will slowly begin entering into the market,
providing both alternatives and competition in the Corhn’s
treatment market.
However, circumvent these patents companies are often
forced to enter unfavorable agreements, paying royalties to
patent holders. Once you factor in all the trials, royalties
and development companies can’t simply afford the
dramatic price drops we see with generics.
It's as if generics are running a straight 100-meter dash
while biosimilars are running the steeplechase.
As a result, biosimilars enter the market later, with less
fanfare, and at shallower discounts. The savings are
real—but modest. And in a system already burdened by
unsustainable biologic costs, modest isn’t enough.
The cost gap between biosimilars and generics isn’t just
about manufacturing.
It’s about regulatory friction, legal fortresses,
commercial caution, and the long tail of biologic
complexity.
And that complexity keeps the price of treatment higher
than patients—and payers—ever expected.
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