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US HR2884

US HR2884
Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act


summary

Introduced
04/28/2021
In Committee
09/30/2021
Crossed Over
Passed
Dead
01/03/2023

Introduced Session

117th Congress

Bill Summary

A BILL To amend title 35, United States Code, to clarify and im- prove the process for subsection (k) applicants to resolve patent infringement claims for biological products (com- monly known as the ‘‘patent dance’’), and for other purposes.

AI Summary

This bill aims to amend Title 35 of the United States Code to clarify and improve the process for subsection (k) applicants (biosimilar applicants) to resolve patent infringement claims for biological products, commonly known as the "patent dance". The key provisions of the bill include limiting the reference product sponsor (brand-name manufacturer) to asserting no more than 20 patents, with no more than 10 issued after a certain date, and allowing the court to increase this limit under certain circumstances, such as if the subsection (k) applicant fails to provide required information. The bill also specifies that the limitation does not apply to patents claiming a method of using the biological product in therapy, diagnosis, or prophylaxis.

Committee Categories

Justice

Sponsors (3)

Last Action

Ordered to be Reported in the Nature of a Substitute by Voice Vote. (on 09/30/2021)

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