This bill limits how many patents a company can use in infringement lawsuits against generic and biosimilar drug makers. Specifically, it prevents patent holders from asserting more than one patent per "Patent Group" in a single lawsuit against generic drug applicants or companies making approved generic drugs and biosimilars. A Patent Group is defined as two or more commonly owned patents that have been linked together through patent office disclaimers meant to prevent double patenting. The restriction applies to lawsuits filed after the bill is enacted and targets a practice known as "patent thickets," where companies use multiple related patents to delay or block competitors from bringing cheaper drug alternatives to market. The bill was introduced by Senators Welch, Braun, and Klobuchar and aims to reduce litigation burdens on generic and biosimilar drug manufacturers while still protecting legitimate patent rights.
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