Legis Daily

Medication Affordability and Patent Integrity Act

USA119th CongressS-2658| Senate 
| Updated: 8/1/2025
Margaret Wood Hassan

Margaret Wood Hassan

Democratic Senator

New Hampshire

Cosponsors (1)
Josh Hawley (Republican)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation aims to enhance transparency and consistency in information sharing between drug manufacturers, the Food and Drug Administration (FDA), and the United States Patent and Trademark Office (USPTO). It amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to require sponsors of drug and biological product applications, or holders of approved applications, to make specific disclosures. Manufacturers must certify to the FDA that information submitted to the FDA regarding an applicable patent is consistent with what they provided to the USPTO. Concurrently, they must submit to the USPTO any information material to patentability that was shared with the FDA, along with any FDA responses, and certify that this submission is complete and consistent with FDA communications. Information material to patentability includes analytical data from chemistry, manufacturing, and controls sections, as well as statements or characterizations related to the patent or prior art. An "applicable patent" covers patents claiming the drug or biological product, including those for formulation, method of use, or manufacturing, and related patent applications. The bill applies to new applications and, for existing applications, to patents issued or submissions/communications made after the enactment date. To ensure protection, the USPTO is directed to update its regulations to safeguard trade secret or confidential information submitted under these new requirements. Non-compliance with these disclosure and certification mandates constitutes a prohibited act enforceable by the FDA . Furthermore, the bill establishes a new defense against patent infringement actions, allowing an alleged infringer to claim a defense if the patent owner negligently or intentionally failed to provide the required information to the FDA or USPTO.
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Timeline

Bill from Previous Congress

S 118-2780
Medication Affordability and Patent Integrity Act
Aug 1, 2025
Introduced in Senate
Aug 1, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • Bill from Previous Congress

    S 118-2780
    Medication Affordability and Patent Integrity Act


  • August 1, 2025
    Introduced in Senate


  • August 1, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Commerce

Medication Affordability and Patent Integrity Act

USA119th CongressS-2658| Senate 
| Updated: 8/1/2025
This legislation aims to enhance transparency and consistency in information sharing between drug manufacturers, the Food and Drug Administration (FDA), and the United States Patent and Trademark Office (USPTO). It amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to require sponsors of drug and biological product applications, or holders of approved applications, to make specific disclosures. Manufacturers must certify to the FDA that information submitted to the FDA regarding an applicable patent is consistent with what they provided to the USPTO. Concurrently, they must submit to the USPTO any information material to patentability that was shared with the FDA, along with any FDA responses, and certify that this submission is complete and consistent with FDA communications. Information material to patentability includes analytical data from chemistry, manufacturing, and controls sections, as well as statements or characterizations related to the patent or prior art. An "applicable patent" covers patents claiming the drug or biological product, including those for formulation, method of use, or manufacturing, and related patent applications. The bill applies to new applications and, for existing applications, to patents issued or submissions/communications made after the enactment date. To ensure protection, the USPTO is directed to update its regulations to safeguard trade secret or confidential information submitted under these new requirements. Non-compliance with these disclosure and certification mandates constitutes a prohibited act enforceable by the FDA . Furthermore, the bill establishes a new defense against patent infringement actions, allowing an alleged infringer to claim a defense if the patent owner negligently or intentionally failed to provide the required information to the FDA or USPTO.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 118-2780
Medication Affordability and Patent Integrity Act
Aug 1, 2025
Introduced in Senate
Aug 1, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • Bill from Previous Congress

    S 118-2780
    Medication Affordability and Patent Integrity Act


  • August 1, 2025
    Introduced in Senate


  • August 1, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Margaret Wood Hassan

Margaret Wood Hassan

Democratic Senator

New Hampshire

Cosponsors (1)
Josh Hawley (Republican)

Health, Education, Labor, and Pensions Committee

Commerce

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted