FDA to Slash Biosimilar Approval Costs by 50% in 2025 – But Trump Patent Office Could Keep Prices Sky-High
Why This Matters: The Massive Cost of Biologics
- Biologics = only 5% of prescriptions but over 50% of total U.S. drug spending ($600+ billion/year)
- Humira (arthritis): ~$6,500–$7,000 per month
- Keytruda (cancer): generated $17 billion for Merck in just one quarter
- Enbrel (autoimmune): $7,000–$9,000 monthly without insurance
Biosimilars are the #1 proven way to crush these prices — but they’ve been blocked for years.
The Huge Roadblock: Trump-Era Patent Office Changes
While the FDA is opening the door, the U.S. Patent and Trademark Office (USPTO) under the current administration is slamming it shut.
New 2025 USPTO rules have:
- Denied nearly all requests for fast patent challenges (Inter Partes Review)
- Made it 10–20× more expensive to fight weak patents than in Europe
- Allowed Big Pharma to keep filing hundreds of secondary patents — the infamous “patent thicket”
Real-World Examples of the Damage
| Drug | FDA Approved Biosimilar | Actual U.S. Launch | Reason for Delay |
|---|---|---|---|
| Humira | 2016 | 2023 (9 versions) | 180+ patents blocked entry |
| Enbrel | 2016 | Not before 2029 | Patent wall still standing |
| Keytruda | Biosimilars in pipeline | Launch uncertain | Merck defending dozens of patents |
What Patients Are Saying
“I’ve been on Enbrel since 2007. Even with Medicare, I was paying thousands out-of-pocket every year until the IRA cap kicked in. A cheaper version would change my life — if it ever gets here.”
— Judy Aiken, retired nurse, Maine
Will Cheaper Drugs Ever Arrive?
Only 10% of the 118 biologics losing patent protection this decade currently have biosimilars in active development — because the patent system makes it financially suicidal to even try.
Experts warn that without reversing the USPTO’s anti-competitive stance, the FDA’s historic reforms will deliver zero real-world savings for American patients.
Bottom Line for 2025–2026
- ✅ FDA: Doing everything possible to fast-track cheaper drugs
- ❌ USPTO: Making patent challenges almost impossible
- 💊 Patients: Still waiting for relief