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Bill would cap patents biologic makers use against biosimilar rivals

Passed one chamberS. 1041Latest action

Sponsor: John Cornyn · Senator · TX

AIDecoded by AI · checked against the record
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Official title: Affordable Prescriptions for Patients Act

119th Congress

Topics: Jobs & the economy

Introduced:

Read the official bill on Congress.gov

In plain words

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The bill caps brand-name biologic makers at generally 20 patents when suing biosimilar competitors for infringement.

45-second read · 4 questions answered below

What does this do?

The bill limits how many patents a brand-name biologic manufacturer can use to sue a biosimilar maker for infringement, generally capping it at 20 patents, with no more than 10 issued after a certain approval stage. Courts may allow more patents for good reason, such as significant product changes or withheld information by the biosimilar maker. The cap does not apply to patents covering new medical uses of the drug.

Who does it affect?

The bill mainly affects pharmaceutical companies that make original biologic drugs and those seeking to make biosimilar versions. It could indirectly affect patients and insurers.

Why does it matter?

Supporters argue reducing patent thickets could speed biosimilar competition and affect drug prices, while brand-name manufacturers may see the limits as restricting their ability to protect their inventions. The changes would apply only to new biosimilar applications filed after the law takes effect.

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  1. IntroducedMar 13, 2025
  2. Senate committee
  3. Senate vote
  4. HouseYou are here · Jul 21, 2026
  5. The president's desk

Right now: it passed the Senate, and the official record shows nothing new since. If the House changes it, it goes back to the Senate before reaching the president.

Latest action: — Held at the desk.

Data as of October 9, 2026
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