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119-s-2276119th Congress

ETHIC Act

Sponsored By: Senator Welch, Peter [D-VT]

Introduced

Summary

Limits patent thickets that block generic and biosimilar competition. This bill would add a rule to 35 U.S.C. § 271(e) that caps how many patents a patent owner can assert against certain drug and biologic applicants and makers.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Limits on patent suits for drug makers

If enacted, this bill would limit how many patents a patent owner can assert in certain drug and biologic patent lawsuits. In suits under 35 U.S.C. §271(e) against applicants, application holders, or companies making, selling, or importing approved drugs or licensed biologics, a plaintiff could assert no more than one patent per defined "Patent Group." The bill defines a Patent Group as two or more commonly owned patents or applications linked by 35 U.S.C. §253 disclaimers. It would also bar bringing additional §271(e) suits that assert other patents from the same Patent Group against the same party. The rule would apply to FDA and biologics applications filed on or after the date of enactment.

Sponsors & CoSponsors

Sponsor

Welch, Peter [D-VT]

VT • D

Cosponsors

  • Sen. Hawley, Josh [R-MO]

    MO • R

    Sponsored 7/15/2025

  • Sen. Klobuchar, Amy [D-MN]

    MN • D

    Sponsored 7/15/2025

Roll Call Votes

No roll call votes available for this bill.

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