United States 119th Congress Status: In Committee 1 D cosponsors

HR 890 — Stopping Pharma’s Ripoffs and Drug Savings For All Act

Last action — Referred to the House Committee on the Judiciary.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced January 31, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 16% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Stopping Pharma’s Ripoffs and Drug Savings For All ActThis bill addresses double patenting with respect to drug-related patents. Specifically, the bill requires an owner of drug-related patents, if the owner lists more than one patent as covering a particular drug, to prove in certain proceedings that each patent covers a distinct invention. If the patent owner fails to do so, then the owner shall have disclaimed patent protection from all the listed patents after the first patent expires.This requirement shall apply to various proceedings challenging the validity of drug-related patents, as well as to infringement lawsuits filed by the patent owner against companies seeking Food and Drug Administration approval for generic or biosimilar versions of patented drugs.The bill also directs the U.S. Patent and Trademark Office (USPTO) to review its examination procedures to prevent granting multiple patents for the same drug or biological product, unless the patents cover distinct inventions. The USPTO shall report to Congress its findings and recommendations from the review.

Bill Text

How this bill changes current law

1 change Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds provisions regarding the disclaimer of patent terms to prevent double patenting in the context of drug patents.

  • 35 U.S.C. § 253

    (c) Disclaimers of Drug Patent Term.-- (1) In general.--Except as provided in paragraph (2), in a proceeding challenging the validity of patents under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) with respect to a drug, under section 351(l) of the Public Health Service Act (42 U.S.C. 262(l)) with respect to a biological product, or a Federal district court proceeding involving patents that are the subject of an action under section 271(e)(2), the patentee shall be presumed to have disclaimed the patent term for each of the listed patents after the date on which the term of the first patent expires, subject to the exceptions provided for in subsection (2). (2) Demonstration of distinct inventions.--If a patentee demonstrates by a preponderance of the evidence that certain patents described in paragraph (1) cover patentably distinct inventions from the invention claimed in the first such patent to expire, no part of the term of any such patent shall be presumed to have been disclaimed, and all patent term extensions granted by the United States Patent and Trademark Office shall be respected, unless and to the extent the patentee expressly disclaims, in writing, the patent term for each such patent.

    This change establishes a presumption regarding the disclaimer of patent terms for drugs and biological products, impacting patent term validity in certain legal proceedings.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

healthcare health-insurance technology
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Frequently asked questions

What does HR 890 do?
Stopping Pharma’s Ripoffs and Drug Savings For All ActThis bill addresses double patenting with respect to drug-related patents. Specifically, the bill requires an owner of drug-related patents, if the owner lists more than one patent as covering a particular drug, to prove in certain proceedings that each patent covers a distinct invention. If the patent owner fails to do so, then the owner shall have disclaimed patent protection from all the listed patents after the first patent expires.This requirement shall apply to various proceedings challenging the validity of drug-related patents, as well as to infringement lawsuits filed by the patent owner against companies seeking Food and Drug Administration approval for generic or biosimilar versions of patented drugs.The bill also directs the U.S. Patent and Trademark Office (USPTO) to review its examination procedures to prevent granting multiple patents for the same drug or biological product, unless the patents cover distinct inventions. The USPTO shall report to Congress its findings and recommendations from the review.
Who sponsors HR 890?
HR 890 is sponsored by Ryan, Patrick (Democratic).
What is the current status of HR 890?
This bill is in committee in the House. Introduced January 31, 2025. It must pass committee before a floor vote.
Where can I track HR 890?
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Last checked for changes 3 months ago · updated continuously

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