ETHIC Act

This proposal aims to cut down “patent thickets” so it’s harder to use many closely related patents to block competition in medicines. In a patent lawsuit over a drug or biologic, a company could use only one patent from any group of related, commonly owned patents, and it can’t file follow-up lawsuits against the same party using other patents from that same group. The goal is to address patent thickets and increase competition.

A “Patent Group” means two or more patents owned by the same company that the owner has officially linked together through patent office filings.

• Who is affected: Brand-name drug and biologic makers; companies applying to sell generics or biosimilars; and those making or selling those products.
• What changes: In these cases, only one patent per related group can be used, and no new cases can be filed against the same party using another patent from that group.
• When: Applies to applications submitted on or after the date this becomes law.