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Preserve Access to Affordable Generics and Biosimilars Act

S. 1096 Sen. Amy Klobuchar (D-MN) In committee
  1. Introduced Mar 24
  2. Committee Mar 24
  3. Passed Senate Next
  4. Passed House Not yet
  5. To President Not yet
  6. Law Not yet
Where it stands
In committee, Mar 24, 2025Next: Senate vote
566d ago Apr 10, 2025: Placed on Senate Legislative Calendar under General Orders. Calendar No. 46.
Final votes
No roll callsNo recorded vote on this bill yet
Lobbying
4companies, 21 filings
Member trades
2trades in the last 90 days
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Companies lobbying on this bill

4 companies
Companies by sector
Biotech & Pharma 4
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Summary

Preserve Access to Affordable Generics and Biosimilars Act

Full summary4 paragraphs

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.

Library of Congress summary, Mar 24, 2025

Summary versions
  • Introduced in SenateMar 24, 2025

Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 27, 2026.