S 27 · 112th Congress · Commerce

Preserve Access to Affordable Generics Act

Introduced 2011-01-25· Sponsored by Sen. Kohl, Herb [D-WI]· Senate

Bill Progress

Introduced
2
Committee
3
Senate Vote
4
House
5
Enacted
Latest: Placed on Senate Legislative Calendar under General Orders. Calendar No. 110.(2011-07-22)

Plain Language Summary

[AI summary unavailable — showing source text] Preserve Access to Affordable Generics Act - Amends the Federal Trade Commission Act to authorize the Federal Trade Commission (FTC) to initiate a proceeding against parties to any agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a drug. Establishes a presumption that any such agreement has anticompetitive effects and is unlawful if the filer of an abbreviated new drug (generic) application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the generic drug for any period of time. Allows an exception to such presumption if the parties to the agreement demonstrate by clear and convincing evidence, based on specified competitive factors, that the pro-competitive benefits of the agreement outweigh the anticompetitive effects. Exempts from the restrictions of this Act a resolution or settlement of a patent infringement claim if the only consideration granted by the brand name manufacturer to the generic manufacturer is: (1) the right to market the generic drug in the United States prior to the expiration of any patent that is the basis for the pate…

Summarized by Claude AI · Non-partisan · For informational purposes only

CBO Cost Estimate

Congressional Budget Office

S. 27, Preserve Access to Affordable Generics Act

Nov 7, 2011

As reported by the Senate Committee on the Judiciary on July 22, 2011

Full CBO report ↗

Official non-partisan budget analysis by the Congressional Budget Office

Cosponsors (9)

6 Democrats2 Republicans1 Independent