Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act
- Last Action
- 9/30/2021
Actions
- 2021-09-30Ordered to be Reported in the Nature of a Substitute by Voice Vote.
- 2021-09-30Committee Consideration and Mark-up Session Held.
- 2021-04-28Referred to the House Committee on the Judiciary.
- 2021-04-28Introduced in House
- 2021-04-28Introduced in House
CRS Summary
As of 2021-04-28 (00)
Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act
This bill limits in certain instances the number of patents that the manufacturer of a biologic drug can assert in a lawsuit against a company seeking to sell a biosimilar version of that drug. (A biologic drug is produced through natural processes or isolated from natural sources. A biosimilar version is substantially similar to the original biologic, which is the reference product, and is often marketed as a less expensive alternative.)
The bill's provisions apply to an existing framework that gives the biosimilar manufacturer an abbreviated path to Food and Drug Administration approval to sell the biosimilar. Specifically, if the biosimilar manufacturer completes certain actions under the framework, such as sharing certain information about its product with the reference product manufacturer, the bill limits the number of certain patents that the reference product manufacturer may assert in a lawsuit, such as patents that were filed more than four years after the reference product received market approval. The limit shall not apply to patents claiming certain methods for using the biologic drug.
The court in which the infringement lawsuit is filed may increase the limit if justice so requires or if there is good cause for the increase.
Cosponsors (2)
- DARRELL ISSA (R-CA)
- SHEILA JACKSON LEE (D-TX)
Subjects
- Competition and antitrust
- Health care costs and insurance
- Inflation and prices
- Intellectual property
- Judicial review and appeals
- Prescription drugs
Sourced from Congress.gov (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.