The Eliminating Thickets to Increase Competition Act addresses "patent thickets" — situations where companies use multiple related patents to block competitors from entering the market. The bill specifically limits pharmaceutical and biological product companies in how many patents they can use in infringement lawsuits against generic drug makers and biosimilar manufacturers. Under the law, a patent holder can assert only one patent per "Patent Group" (a set of commonly owned patents linked through patent office disclaimers) in any single lawsuit against a generic or biosimilar competitor, and cannot file additional lawsuits using other patents from the same group against that competitor. The legislation applies to all drug and biological product applications submitted to the FDA on or after the date the bill is enacted, with no specific funding allocations mentioned. By restricting this litigation tactic, the bill aims to make it easier for generic and biosimilar manufacturers to bring lower-cost alternatives to market more quickly.
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