Legis Daily

ETHIC Act

USA119th CongressS-2276| Senate 
| Updated: 7/15/2025
Peter Welch

Peter Welch

Democratic Senator

Vermont

Cosponsors (2)
Amy Klobuchar (Democratic)Josh Hawley (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation, known as the ETHIC Act, seeks to address the issue of patent thickets by amending federal patent law to limit the number of patents that can be asserted in infringement lawsuits. Specifically, it restricts patent holders from asserting more than one patent per "Patent Group" in actions brought against generic drug and biosimilar applicants or manufacturers. This aims to reduce the burden of multiple lawsuits on companies seeking to bring lower-cost alternatives to market, thereby fostering increased competition. A Patent Group is defined as two or more commonly owned patents or applications that are linked by disclaimers to obviate obviousness-type double patenting. Once a patent from such a group is asserted against a party, no additional actions asserting another patent from the same group can be brought against that same party. These new limitations will apply to drug and biological product applications submitted on or after the bill's enactment date, preventing the strategic use of numerous closely related patents to delay market entry.
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Timeline
May 8, 2025

Latest Companion Bill Action

HR 119-3269
Introduced in House
Jul 15, 2025
Introduced in Senate
Jul 15, 2025
Read twice and referred to the Committee on the Judiciary.
  • May 8, 2025

    Latest Companion Bill Action

    HR 119-3269
    Introduced in House


  • July 15, 2025
    Introduced in Senate


  • July 15, 2025
    Read twice and referred to the Committee on the Judiciary.

Commerce

Related Bills

  • HR 119-3269: ETHIC Act

ETHIC Act

USA119th CongressS-2276| Senate 
| Updated: 7/15/2025
This legislation, known as the ETHIC Act, seeks to address the issue of patent thickets by amending federal patent law to limit the number of patents that can be asserted in infringement lawsuits. Specifically, it restricts patent holders from asserting more than one patent per "Patent Group" in actions brought against generic drug and biosimilar applicants or manufacturers. This aims to reduce the burden of multiple lawsuits on companies seeking to bring lower-cost alternatives to market, thereby fostering increased competition. A Patent Group is defined as two or more commonly owned patents or applications that are linked by disclaimers to obviate obviousness-type double patenting. Once a patent from such a group is asserted against a party, no additional actions asserting another patent from the same group can be brought against that same party. These new limitations will apply to drug and biological product applications submitted on or after the bill's enactment date, preventing the strategic use of numerous closely related patents to delay market entry.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
May 8, 2025

Latest Companion Bill Action

HR 119-3269
Introduced in House
Jul 15, 2025
Introduced in Senate
Jul 15, 2025
Read twice and referred to the Committee on the Judiciary.
  • May 8, 2025

    Latest Companion Bill Action

    HR 119-3269
    Introduced in House


  • July 15, 2025
    Introduced in Senate


  • July 15, 2025
    Read twice and referred to the Committee on the Judiciary.
Peter Welch

Peter Welch

Democratic Senator

Vermont

Cosponsors (2)
Amy Klobuchar (Democratic)Josh Hawley (Republican)

Judiciary Committee

Commerce

Related Bills

  • HR 119-3269: ETHIC Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted