The Eliminating Thickets to Increase Competition Act addresses "patent thickets"—situations where companies use multiple related patents to block competitors from bringing generic or biosimilar drugs to market. The bill limits patent holders to asserting only one patent per patent group in infringement lawsuits against generic drug makers and biosimilar manufacturers. A "patent group" consists of two or more commonly owned patents that are linked through legal disclaimers, and patent holders cannot file multiple lawsuits asserting different patents from the same group against the same competitor. The restriction applies to drug applications submitted under federal law on or after the bill's enactment date. By reducing the number of patents that can be asserted simultaneously, the legislation aims to make it easier and less costly for generic and biosimilar competitors to enter the market, ultimately increasing competition and potentially lowering drug prices for consumers.
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