Bill > S2276

This bill, known as the Eliminating Thickets to Increase Competition Act (ETHIC Act), addresses patent thickets in the pharmaceutical and biological product industries by limiting the number of patents that can be asserted in a single infringement action. Specifically, when a person brings an infringement action against a drug or biological product developer or manufacturer (such as those submitting applications under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act), they may only assert one patent per "Patent Group." A Patent Group is defined as two or more commonly owned patents or patent applications that are related through disclaimers to avoid obviousness-type double patenting. The bill aims to reduce strategic patent litigation that can potentially delay generic or biosimilar drug market entry by preventing patent holders from overwhelming defendants with multiple related patents in a single lawsuit. The provisions will apply to drug and biological product applications submitted on or after the date of enactment, potentially streamlining patent disputes and promoting competition in the pharmaceutical industry.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/2276/all-info