Merck’s Januvia, Medicare Pricing, And The Meaning of Patent Life

07 Oct 2022

Recent patent extension win for Januvia illustrates the dilemma that will be faced by manufacturers of older, single-source drugs that are chosen for price negotiation in the Medicare program.

Inflation Reduction Act Has Given New Meaning To Extending Patents • Source: Shutterstock

It seems like a "we're not in Kansas anymore" moment. The validity of Merck & Co., Inc.’s patents for its 16-year old blockbuster diabetes treatment Januvia (sitagliptin) were upheld by a US district court 29 September, bolstering market exclusivity for the drug until May 2027.

The decision is subject to appeal. Nevertheless, Merck’s victory over patent challenger Viatris Inc. was hailed as a big...