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S 726 111th Congress Senate Health Administrative remedies Child health Civil actions and liability Department of Health and Human Services Drug safety, medical device, and laboratory regulation Intellectual property Judicial procedure and administration Licensing and registrations Medical research

Promoting Innovation and Access to Life-Saving Medicine Act

Introduced: March 26, 2009 Introduced by: Schumer, Charles E. Democratic · New York See on congress.gov
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 26, 2009
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Mar 26, 2009
Introduced in Senate
 Plain-English summary Congressional Research Service

Promoting Innovation and Access to Life-Saving Medicine Act - Amends the Public Health Service Act to provide for the licensing of biosimilar and interchangeable biological products. Defines "biosimilar" and "interchangeability" for purposes of this Act.

Allows any person to file an abbreviated biological product application with the Secretary of Health and Human Services. Requires such applications to include information demonstrating a high degree of similarity or interchangeability between the biological product and the licensed biological product (reference product).

Requires the Secretary to: (1) approve an application and issue a license for a biosimilar product unless the Secretary finds and informs the applicant that the information in the application fails to demonstrate biosimilarity between the biological product and the reference product or the safety, purity, and potency of the biological product; and (2) establish requirements for the efficient review, approval, suspension, and revocation of abbreviated biological product applications.

Allows an applicant to request the Secretary to make a determination as to the interchangeability of a product and its reference product based on whether a product can be expected to produce the same clinical result as the reference product in any given patient. Grants market exclusivity to any biological product that is determined to be interchangeable for a specified period.

Sets forth provisions governing patent infringement claims involving comparable biological products and legal remedies to expedite the adjudication of patent infringement disputes.

Extends the period for approval of biological products to allow for studies of the use of new biological products in the pediatric population.

What's happening now March 26, 2009

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

 Committees of jurisdiction 1