When a brand-name drug loses its patent, everything changes. The price doesn’t just drop-it plummets. Within a year, the same pill that cost $100 a month might be selling for $5. And that’s not a hypothetical. It’s happened with Humira, Lipitor, and dozens of other top-selling drugs. This isn’t a glitch in the system. It’s how it’s supposed to work. But for the companies that spent billions developing those drugs, it’s a financial earthquake.
The 90% Rule: Generics Dominate Prescriptions, Not Spending
In the U.S., about 90% of all prescriptions filled are for generic drugs. That sounds like a win for patients. And it is-mostly. But here’s the twist: generics make up only about 20% of total prescription drug spending. That means the other 80% comes from brand-name drugs, even though they’re prescribed far less often. Why? Because those brand drugs still carry high prices, especially when they’re new, have no competition, or are protected by legal tricks. The math is brutal for brand manufacturers. Once a patent expires, revenue can drop by 80 to 90% in the first year. That’s not a slow decline. It’s a cliff. And companies know it’s coming. That’s why they plan for it years in advance. Some spin off their generic divisions-like Novartis did with Sandoz in 2022. Others rush to launch their own generic version of the drug before competitors can. That’s called an “authorized generic.” It lets them keep some of the market share instead of watching it vanish.The Hatch-Waxman Act: The Deal That Changed Everything
The modern system for generics started in 1984 with the Hatch-Waxman Act. It was a compromise. Brand companies got extra patent time to make up for the years they spent getting FDA approval. In return, generic makers got a faster, cheaper path to market. They didn’t have to repeat expensive clinical trials. They just had to prove their drug worked the same way. That law created the foundation for today’s generic market. But it didn’t predict everything. For example, it didn’t stop brand companies from using “patent thickets”-filing dozens of minor patents on things like pill coatings or delivery methods-to delay generics. Or “product hopping,” where they tweak a drug slightly-say, change from a pill to a liquid-and get a new patent. These tactics push back generic entry by years. The Congressional Budget Office estimates ending these practices would save $1.1 billion over ten years.Price Drops: More Competitors = Lower Prices
Once a generic enters the market, prices start falling fast. With just two or three generic makers, prices can drop 20% within three years. Add five or six competitors? The price can crash even further. The FDA tracked 2,400 new generic drugs approved between 2018 and 2020. In every case, the moment multiple companies started selling the same drug, prices fell below the brand’s price-and kept dropping. The drop isn’t always smooth. Sometimes, if only one or two companies make a drug, prices stay high. That’s why consolidation in the generic industry is worrying. Between 2014 and 2016, nearly 100 generic manufacturers merged or were bought. Fewer players means less competition-and higher prices. It’s the opposite of what the system was designed for.
The Hidden Cost: PBMs and the Broken Middleman System
You’d think with generics costing 80-85% less, patients pay less. But that’s not always true. Pharmacy benefit managers (PBMs)-the middlemen between drug makers, insurers, and pharmacies-have complicated pricing systems that often hurt patients more than help them. PBMs negotiate rebates with drug makers, but those rebates aren’t always passed on to consumers. Instead, they inflate the list price. A patient might see a $10 copay for a generic, but the PBM keeps part of the rebate. Meanwhile, the pharmacy might be getting paid less than it costs to fill the prescription. That’s why some pharmacists on Reddit say they lose money on generics. And patients? They’re still paying more than they should. The Schaeffer Center at USC found patients pay 13-20% more for generics than they should because of these opaque practices. That’s billions in extra costs every year. It’s not the fault of the generic drug. It’s the system around it.Pay-for-Delay: The Secret Deals That Keep Prices High
One of the most controversial tactics is “pay-for-delay.” That’s when a brand company pays a generic maker to stay out of the market. It sounds illegal-and in many ways, it is. But it’s happened for decades. In 2023, a study in the Journal of Health Economics estimated these deals cost the U.S. system $12 billion a year, with $3 billion of that coming directly from patients’ pockets. These deals delay competition. And without competition, prices stay high. Congress has tried to ban them. A bipartisan bill could save $45 billion over ten years. But so far, big pharma has blocked them. Why? Because every month of delay means millions in extra revenue.
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