S. 1041 · Where this bill is now
In the House
Passed the Senate Jul 21, 2026. Received Jul 21, 2026; no House vote yet
What this bill does
In plain words · AI-written from the official summaryLimits patent lawsuits over generic biologics
When a company wants to sell a cheaper version of an expensive biologic drug (a medicine made from living cells), the original maker can sue them for patent violations. This bill caps how many patents the original maker can use in that lawsuit, as long as the generic maker goes through the proper approval process. Courts can increase the limit if they see a good reason to do so.
How it affects you
If you take biologic drugs, this could help you eventually access cheaper generic versions. Drug manufacturers on both sides—the original makers and the companies creating alternatives—will face different rules when they compete in court over patents.
Read the official summary (Introduced in Senate, Mar 13, 2025)
Affordable Prescriptions for Patients Act
This bill limits in certain instances the number of patents that the manufacturer of a biologic drug can assert in a lawsuit against a company seeking to sell a biosimilar version of that drug. (A biologic drug is produced through natural processes or isolated from natural sources. A biosimilar version is substantially similar to the original biologic, which is the reference product, and is often marketed as a less expensive alternative.)
The bill's provisions apply to an existing framework that gives the biosimilar manufacturer an abbreviated path to Food and Drug Administration approval to sell the biosimilar. Specifically, if the biosimilar manufacturer completes certain actions under the framework, such as sharing certain information about its product with the reference product manufacturer, the bill limits the number of certain patents that the reference product manufacturer may assert in a lawsuit, such as patents that were filed more than four years after the reference product received market approval. The limit shall not apply to patents claiming certain methods for using the biologic drug.
The court in which the infringement lawsuit is filed may increase the limit if justice so requires or if there is good cause for the increase.
Written by AI (Claude) using only the official summary by the Congressional Research Service, the Library of Congress’s nonpartisan research staff. It can miss nuance, so check the official summary and the bill text for details.
1st SessionS. 1041
AN ACT
Affordable Prescriptions for Patients Act
Sponsor: Sen. John Cornyn (R-TX) · Introduced Mar 13, 2025 · Commerce · 3 versions of the text
Sources: Congress.gov actions and votes · bill text from GovInfo · latest official action Jul 21, 2026: “Held at the desk.”