S150-118

Passed Senate

To amend the Federal Trade Commission Act to prohibit product hopping, and for other purposes.

118th Congress Introduced Jan 30, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill limits brand biologic manufacturers to asserting no more than 20 patents (maximum 10 issued after a key date) in litigation against biosimilar competitors. This addresses "patent thickets" - strategies where brand companies pile up patents to block generic competition.

Who Benefits and How

Biosimilar manufacturers face reduced patent litigation barriers to market entry. Patients and health systems may see faster biosimilar competition and lower prices. Generic drug competition is enhanced.

Who Bears the Burden and How

Brand biologic manufacturers (reference product sponsors) lose ability to assert unlimited patents against biosimilar applicants.

Key Provisions

  • Limits patent assertions to 20 total, with maximum 10 post-BLA patents
  • Court may increase limit for good cause or interest of justice
  • Applies to patents claiming the biologic, its use, or manufacturing methods
  • Includes exceptions for biosimilar applicant failures to provide required information

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Limits the number of patents that reference biologic sponsors can assert in litigation against biosimilar applicants, addressing "patent thickets" that delay generic/biosimilar competition.

Who Benefits

  • Biosimilar manufacturers
  • Patients
  • Health systems

Who Bears Costs

  • Brand biologic manufacturers

Key Policy Areas

Pharmaceuticals, Intellectual Property, Antitrust, Drug Pricing

Primary Purpose

Limits the number of patents that reference biologic sponsors can assert in litigation against biosimilar applicants, addressing "patent thickets" that delay generic/biosimilar competition.

Policy Domains

Pharmaceuticals Intellectual Property Antitrust Drug Pricing

Legislative Strategy

"Limit patent thicket strategies to enable biosimilar competition"

Legislative Progress

Passed Senate
Introduced Committee Passed
Jan 30, 2023

Mr. Cornyn (for himself, Mr. Blumenthal, Mr. Grassley, Mr. Durbin, …

Jan 30, 2023 (inferred)

Passed Senate (inferred from es version)

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Manufacturing
8 mentions across 4 clauses
+4 positive -4 negative

Brand-name pharmaceutical manufacturers, Generic drug manufacturers

Positive-direction: Generic drug manufacturers

Negative-direction: Brand-name pharmaceutical manufacturers

Pharmaceuticals
8 mentions across 5 clauses
+5 positive -3 negative

Biosimilar manufacturers, Brand-name biologic manufacturers

Positive-direction: Biosimilar manufacturers

Negative-direction: Brand-name biologic manufacturers

Financial Services
2 mentions across 2 clauses
+2 positive

Health insurance companies

Government
2 mentions across 2 clauses
?2 uncertain

Federal Trade Commission

4/4
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Pharmaceuticals Intellectual Property

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology