Contact Congress about S. 2276: ETHIC Act

Drug companies could use only one patent from each related patent group in some generic and biosimilar lawsuits. They also could not sue the same competitor later using another patent from that same group.

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ETHIC Act is a Senate bill in committee. The latest recorded action: Read twice and referred to the Committee on the Judiciary.

Latest action on S. 2276: Read twice and referred to the Committee on the Judiciary.

Who this affects: This bill mainly affects companies that sue or get sued over drug and biologic patents. Brand-name drug and biologic companies would face new limits on which related patents they can use in certain lawsuits. Generic, follow-on drug, and biosimilar companies could face fewer patents in a single fight. Patients, insurers, and pharmacies could be affected later if the bill changes when lower-cost competitors reach the market, but that effect is uncertain.

Why this matters: Drug patent lawsuits can shape when lower-cost competitors reach the market. This bill would make some of those lawsuits narrower by limiting related patents that can be used against the same competitor. That could lower the cost and complexity of patent fights for generic and biosimilar companies. It could also limit how brand-name companies protect some parts of their inventions. The real effects on prices, innovation, and patient access are uncertain.

Key provisions in S. 2276

• Some drug and biologic patent lawsuits would be limited to one patent from each related Patent Group. This applies to certain Food and Drug Administration-approved drugs and biologics licensed under the Public Health Service Act.
• The rule applies when the other company is using covered approval paths for follow-on drugs, generics, or biosimilars. It also applies when that company makes, uses, sells, offers to sell, or imports products approved or licensed through those paths.
• A Patent Group means two or more patents or patent applications owned by the same party. They must be linked by disclaimers under 35 U.S.C. 253, which are filings used to deal with obviousness-type double patenting, where patents are too close to the same invention.
• Patents and applications can be grouped in two ways. They are in one group if they point to the same patent in a double-patenting disclaimer, or if a disclaimer names them as tied to the disclaimed patent.
• A patent owner gets only one covered lawsuit against the same party using patents from the same group. If it sues with one patent from that group, it cannot later sue that same party with another group patent for the same kind of infringement claim.

How Modern Action helps you take action on S. 2276

You do not have to start with a blank letter. Modern Action turns the bill, your position, and the relevant congressional context into a message you can edit and send. The goal is to make contacting Congress clear, specific, and useful without forcing you to parse bill text or figure out the right office on your own.

Questions people ask about S. 2276

What is S. 2276?

Drug companies could use only one patent from each related patent group in some generic and biosimilar lawsuits. They also could not sue the same competitor later using another patent from that same group.

How do I support or oppose S. 2276?

Choose support, oppose, or ask for changes on Modern Action. The action flow drafts the message for you and keeps the wording tied to this bill.

Who should I contact about S. 2276?

Modern Action uses your location to route the action to the congressional offices relevant to the bill and your representation.

Can Modern Action explain S. 2276 before I act?

Yes. Modern Action gives you a plain-English summary, current status, and action context before you send anything.