[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1128 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1128
To establish special rules relating to information provided with
respect to drug applications concerning method of use patents.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Hassan (for herself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish special rules relating to information provided with
respect to drug applications concerning method of use patents.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Access to Generic
Medications Act''.
SEC. 2. SPECIAL RULES RELATING TO METHOD OF USE PATENTS.
Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) is amended by adding at the end the following:
``(z) Cause of Action Relating to Drug Use Codes.--
``(1) In general.--In the case of an application under
subsection (b)(2) or (j) of this section or section 351(k) of
the Public Health Service Act with respect to which the
applicant seeking approval includes in the application a
statement that a patent claiming a method of use does not claim
a use for the drug that is the subject of such application, as
described in subsection (b)(2)(B) or (j)(2)(A)(viii), or in the
case of an application under such section 351(k), as otherwise
required by the Secretary, the sponsor of the application under
subsection (b)(2) or (j) or such section 351(k) described in
paragraph (2) may file a civil action in an appropriate
district court of the United States against the holder of the
approved application for the applicable reference drug or
reference product seeking a court order requiring the holder to
correct or delete information relating to a use code submitted
by the holder of the reference drug or reference product with
respect to such patent claiming a method of use, on the ground
that such use code--
``(A) does not correspond to a patent that claims
the reference drug or reference product for which the
application was approved;
``(B) does not correspond to a patent that claims
an approved method of using the reference drug or
reference product; or
``(C) is overly broad or otherwise inaccurate or
inappropriate.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to affect the application of subsection
(j)(5)(C)(ii).
``(3) Definition.--For purposes of paragraph (1), the term
`use code' means the information relating to a patent claiming
a method of using a drug that is approved under section 505 of
this Act or under section 351 of the Public Health Service Act,
as applicable, based upon information submitted by the drug
sponsor or holder of the approved application or licensure
pursuant to section 314.53(c)(2)(ii)(P)(3) of title 21, Code of
Federal Regulations (or any successor regulations).''.
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