Increasing Prescription Drug Competition Act

2/16/2024, 9:08 PM

Congressional Summary of S 574

Increasing Prescription Drug Competition Act

This bill provides that certifications in generic drug applications of certain patents involved in Risk Evaluation and Mitigation Strategy (REMS) programs have no effect upon the drug's approval. (The Food and Drug Administration sometimes requires a REMS program for certain drugs with safety risks, which may include restrictions on a drug's distribution through elements to ensure safe use (ETASU), such as special requirements for pharmacies that dispense the drug.)

Specifically, certifications in generic drug applications with respect to patents that involve an ETASU for REMS requirements have no effect on the effective date of the drug's approval, notwithstanding any other provisions that allow for a stay of approval pending litigation outcomes (i.e., 30-month stay).

The bill also specifies that in a civil action alleging patent infringement with respect to REMS requirements, the sponsor of the approved brand-name drug may only seek damages from (rather than an injunction against) the generic drug applicant.

Current Status of Bill S 574

Bill S 574 is currently in the status of Bill Introduced since March 1, 2023. Bill S 574 was introduced during Congress 118 and was introduced to the Senate on March 1, 2023.  Bill S 574's most recent activity was Read twice and referred to the Committee on Health, Education, Labor, and Pensions. as of March 1, 2023

Bipartisan Support of Bill S 574

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
1
Democrat Cosponsors
0
Republican Cosponsors
1
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 574

Primary Policy Focus

Health

Potential Impact Areas

Civil actions and liabilityDrug safety, medical device, and laboratory regulationPrescription drugs

Alternate Title(s) of Bill S 574

Increasing Prescription Drug Competition ActIncreasing Prescription Drug Competition ActA bill to amend the Federal Food, Drug, and Cosmetic Act to prevent the use of patents, trade secrets, or other intellectual property to inhibit competition.
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