United States · Bill · S
S. 1041 (119th)
Affordable Prescriptions for Patients Act
Introduced
13 March 2025
Last action
—
Status
Held at the desk.
Sponsors
—
Subjects
Discovery layer
Source updated
10 August 2026
Summary
Affordable Prescriptions for Patients Act This bill limits in certain instances the number of patents that the manufacturer of a biologic drug can assert in a lawsuit against a company seeking to sell a biosimilar version of that drug. (A biologic drug is produced through natural processes or isolated from natural sources. A biosimilar version is substantially similar to the original biologic, which is the reference product, and is often marketed as a less expensive alternative.) The bill's provisions apply to an existing framework that gives the biosimilar manufacturer an abbreviated path to Food and Drug Administration approval to sell the biosimilar. Specifically, if the biosimilar manufacturer completes certain actions under the framework, such as sharing certain information about its product with the reference product manufacturer, the bill limits the number of certain patents that the reference product manufacturer may assert in a lawsuit, such as patents that were filed more than four years after the reference product received market approval. The limit shall not apply to patents claiming certain methods for using the biologic drug. The court in which the infringement lawsuit is filed may increase the limit if justice so requires or if there is good cause for the increase.
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Documents
4 official files
Engrossed in Senate
Engrossed in Senate
Engrossed in Senate · EN · 21 July 2026
Reported to Senate
Reported to Senate · EN · 10 April 2025
Introduced in Senate
Introduced in Senate · EN · 13 March 2025
Introduced in Senate
summary · EN · 13 March 2025
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Sources
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- Official source: https://www.congress.gov/bill/119th-congress/senate-bill/1041
- Open data entity: https://api.congress.gov/v3/bill/119/s/1041