John Manchester
Director, IP Policy, Global Innovation Policy Center (GIPC), U.S. Chamber of Commerce
Published
June 16, 2026
The big picture: America’s innovation leadership depends on strong, predictable, and enforceable patent rights. Proposals like the ETHIC Act would weaken that foundation by relying on misleading claims about so-called “patent thickets.”
Why it matters: Patents are property rights. They give innovators the certainty needed to invest in high-risk, long-term research and development—especially in life sciences, where new medicines and therapies can take years to move from discovery to patients.
The problem: Some policymakers are treating the existence of multiple patents tied to one product as evidence of abuse. That is the wrong test.
Innovation is rarely one-and-done. It is often cumulative. Different patents may protect different advances, including new formulations, methods of use, manufacturing processes, or delivery systems that improve safety, reliability, adherence, or patient outcomes.
Be smart: Simply counting patents does not tell the full story. Not every patent has the same scope, and patent counts alone do not reliably predict when competing products will enter the market.
What’s at stake: The ETHIC Act would single out pharmaceutical patents for special restrictions, departing from the long-standing principle of technology neutrality. Patent rules should apply consistently across technologies, allowing the merits of an invention—not Washington-crafted sector-specific limits—to determine what deserves protection.
Zoom out: Weakening established patent practices could create ripple effects far beyond life sciences. The patent system supports innovation across advanced manufacturing, semiconductors, biotechnology, and other critical sectors.
The better path: Congress and the USPTO should focus on strengthening patent quality, not weakening lawful patent rights. That means ensuring the USPTO has the resources, expertise, and capacity to provide timely, rigorous, and predictable examination.
Bottom line: Strong patents and strong competition go hand in hand. Preserving a reliable patent system is essential to keeping America the best place in the world to invent, invest, and bring breakthrough ideas to market.
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