The Impact of Biosimilar Patents on Innovation: Balancing Patient Access and Competitive Advantage

The biologics industry has witnessed significant advancements in recent years, with the introduction of biosimilars offering a more affordable and sustainable option for patients. However, the development of these biosimilars faces numerous challenges, particularly in the realm of patents. In this article, we will delve into the complexities of biosimilar patents and their impact on innovation, exploring the delicate balance between patient access and competitive advantage.

The Rise of Biosimilars: A Revolution in Healthcare

Biosimilars are biological medicines that closely resemble already-approved biologics, known as reference products. These medicines offer significant cost savings, often by more than 50%, while maintaining the same clinical benefits and safety as their reference products. The global biosimilars market is expected to grow exponentially, with the US market projected to reach $100.75 billion by 2029, an annual growth rate of 40.2%.

Patent Challenges: The “Patent Thicket”

The development of biosimilars is hindered by the complex web of patents surrounding the reference products. This “patent thicket” is formed when multiple patents, often overlapping, are granted for different aspects of a product, making it difficult for competitors to design around these patents without infringing on them. For instance, patents may cover the antibody, formulations, methods of use, manufacturing processes, and even devices for administration. This can lead to significant delays in the entry of biosimilars into the market, limiting patient access to these more affordable medications.

Navigating the Patent System

To mitigate the impact of patent thickets, mechanisms such as terminal disclaimers and post-grant reviews have been implemented. These measures ensure that only high-quality patents are granted and prevent unfair competition. Additionally, the FDA and USPTO have collaborated to ensure that only good patents are allowed, keeping innovators honest about the patents they seek to procure.

Innovation in Biosimilar Development

Despite the challenges posed by patents, biosimilar development offers opportunities for innovation. The use of drug delivery systems, such as autoinjectors, has become a market expectation in many disease areas. These devices support self-administration of biologics, enhancing patient convenience and adherence. Furthermore, the rise of connected health and personalized devices is expected to drive interest in innovative delivery solutions, such as smart autoinjectors, which can improve healthcare outcomes and efficiency.


The impact of biosimilar patents on innovation is multifaceted. While patents are essential for rewarding innovation in biologics, they can also create barriers to entry for biosimilars, limiting patient access. To strike a balance between patient access and competitive advantage, mechanisms such as patent disclaimers and post-grant reviews must be utilized effectively. Additionally, innovation in drug delivery systems and connected health can drive the development of more sustainable and patient-centric biosimilars.

“The patent thicket is a significant challenge for biosimilar development. It is crucial that we strike a balance between rewarding innovation and ensuring patient access to these life-changing treatments.” — Ha Kung Wong, JD, partner of Venable LLP


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  2. Center for Biosimilars. (2024, April 21). Navigating the Patent Thicket: Balancing Innovation, Biosimilar Access in the Biologics Market. Retrieved from

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  4. Morgan Lewis. (2014, September). Biosimilars: Patent Challenges and Competitive Effects. Retrieved from

  5. Springer Nature. (2022, February 6). The Characteristics of Patents Impacting Availability of Biosimilars. Retrieved from

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