S. 1096 · Where this bill is now
In committee
Introduced in the Senate, Mar 24, 2025
What this bill does
In plain words · AI-written from the official summaryStops deals that delay cheap generic drugs
Ever wondered why some generic drugs stay expensive longer than they should. This bill would ban agreements between drug makers that resolve patent disputes but end up keeping cheaper generic or biosimilar versions off the market. The law carves out a few exceptions, like when a generic maker gets a reasonable settlement of legal costs or the right to sell their drug before a patent expires. The Federal Trade Commission would enforce the rule and can penalize companies that violate it.
How it affects you
If you take generic medications or biosimilars (less expensive versions of complex drugs), this bill could help you access them sooner and keep them more affordable. Drug companies would face penalties, including losing special market advantages, if they make deals designed to block cheaper alternatives. People without brand-name drug insurance coverage may feel the biggest impact from faster access to generics at lower prices.
Read the official summary (Introduced in Senate, Mar 24, 2025)
Preserve Access to Affordable Generics and Biosimilars Act
This bill prohibits parties from entering into any agreement that resolves or settles a patent claim related to the sale of a drug or biological product and that has anticompetitive effects. Such an agreement is presumed to have anticompetitive effects if the filer of a generic drug or biosimilar application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the generic drug or biosimilar.
An agreement is exempt if the only consideration granted to the generic manufacturer is (1) the right to market and secure final approval for its product prior to the expiration of any statutory exclusivity, (2) a payment for reasonable litigation expenses, or (3) a covenant not to sue on any claim that the generic drug or biosimilar infringes a U.S. patent. An agreement is also exempt if the agreement's pro-competitive benefits outweigh the anticompetitive effects.
The bill provides for enforcement by the Federal Trade Commission (FTC). Violators are subject to penalties including the forfeiture of the 180-day marketing exclusivity period for a generic drug.
Additionally, when a generic or biosimilar drug manufacturer enters into an agreement with another drug manufacturer related to the manufacturing, marketing, or sale of a drug, the manufacturers must certify that the material they have given the FTC and the Department of Justice concerning the agreement contains the complete agreement and any related agreements, including descriptions of any oral agreements or representations.
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. 1096
A BILL
Preserve Access to Affordable Generics and Biosimilars Act
Sponsor: Sen. Amy Klobuchar (D-MN) · Introduced Mar 24, 2025 · Health · 2 versions of the text
Sources: Congress.gov actions and votes · bill text from GovInfo · latest official action Apr 10, 2025: “Placed on Senate Legislative Calendar under General Orders. Calendar No. 46.”
Sections
The wording of this bill hasn’t changed across its 2 official versions.
Sections · 10
- Sec. 1Short titleNo change
- Sec. 2Congressional findings and declaration of purposesNo change
- Sec. 3Unlawful compensation for delayNo change
- Sec. 4Certification of agreementsNo change
- Sec. 5Notification of agreementsNo change
- Sec. 6Forfeiture of 180-day exclusivity periodNo change
- Sec. 7Commission litigation authorityNo change
- Sec. 8Report on additional exclusionNo change
- Sec. 9Statute of limitationsNo change
- Sec. 10SeverabilityNo change