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S 1096 119th Congress Senate Health Administrative law and regulatory procedures Civil actions and liability Competition and antitrust Contracts and agency Federal Trade Commission (FTC) Intellectual property Judicial review and appeals Licensing and registrations Manufacturing Marketing and advertising Prescription drugs

Preserve Access to Affordable Generics and Biosimilars Act

Introduced: March 24, 2025 Introduced by: Klobuchar, Amy Democratic · Minnesota See on congress.gov
 Everywhere this bill has been 5 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 10, 2025
Placed on Senate Legislative Calendar under General Orders. Calendar No. 46.
Apr 10, 2025
Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
Apr 3, 2025
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Mar 24, 2025
Read twice and referred to the Committee on the Judiciary.
Mar 24, 2025
Introduced in Senate
 Plain-English summary Congressional Research Service

Preserve Access to Affordable Generics and Biosimilars Act

This bill prohibits parties from entering into any agreement that resolves or settles a patent claim related to the sale of a drug or biological product and that has anticompetitive effects. Such an agreement is presumed to have anticompetitive effects if the filer of a generic drug or biosimilar application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the generic drug or biosimilar.

An agreement is exempt if the only consideration granted to the generic manufacturer is (1) the right to market and secure final approval for its product prior to the expiration of any statutory exclusivity, (2) a payment for reasonable litigation expenses, or (3) a covenant not to sue on any claim that the generic drug or biosimilar infringes a U.S. patent. An agreement is also exempt if the agreement's pro-competitive benefits outweigh the anticompetitive effects.

The bill provides for enforcement by the Federal Trade Commission (FTC). Violators are subject to penalties including the forfeiture of the 180-day marketing exclusivity period for a generic drug.

Additionally, when a generic or biosimilar drug manufacturer enters into an agreement with another drug manufacturer related to the manufacturing, marketing, or sale of a drug, the manufacturers must certify that the material they have given the FTC and the Department of Justice concerning the agreement contains the complete agreement and any related agreements, including descriptions of any oral agreements or representations.

What's happening now April 10, 2025

Placed on Senate Legislative Calendar under General Orders. Calendar No. 46.

 Committees of jurisdiction 1