Should the Senate limit how many patents a biologic drug maker can assert against a biosimilar maker?
Affordable Prescriptions for Patients Act (S. 1041)
Brand-name biologic drug makers would face a cap on how many patents they can use to sue companies seeking to sell cheaper biosimilar versions.
- Applies when the biosimilar maker completes certain steps, such as sharing product information with the biologic maker
- Limits certain patents, such as those filed more than four years after the original drug got market approval
- Does not limit patents claiming certain methods for using the biologic drug