[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3269 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3269
To address patent thickets.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2025
Mr. Arrington (for himself, Mr. Doggett, Mr. Issa, Ms. Jayapal, and Mr.
Pfluger) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To address patent thickets.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Thickets to Increase
Competition Act'' or the ``ETHIC Act''.
SEC. 2. ADDRESSING PATENT THICKETS.
(a) Limit on Number of Patents Per Patent Group That May Be
Asserted in Action for Infringement.--Section 271(e) of title 35,
United States Code, is amended by adding at the end the following:
``(7)(A) A person who brings an action for infringement of a patent
under this section against a party described in subparagraph (B) may
assert in the action not more than one patent per Patent Group.
``(B) A party described in this subparagraph is--
``(i) a person who--
``(I) submits an application for approval of a drug
under subsection (b)(2) or (j) of section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355),
or is a holder of such an approved application; or
``(II) submits an application for licensure of a
biological product under section 351(k) of the Public
Health Service Act (42 U.S.C. 262(k)), or is a holder
of such a licensure; or
``(ii) a person making, using, selling, offering for sale,
introducing or delivering into interstate commerce, or
importing--
``(I) a drug approved pursuant to an application
under subsection (b)(2) or (j) of section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
or
``(II) a biological product licensed under section
351(k) of the Public Health Service Act (42 U.S.C.
262(k)).
``(C) A person who brings an action described in subparagraph (A)
asserting a patent against a party may not bring any additional actions
described in that subparagraph asserting a patent in the same Patent
Group against that party.
``(D)(i) For purposes of this paragraph, the term `Patent Group'
means 2 or more commonly owned patents or applications that--
``(I) are identified on 1 or more disclaimers under section
253 to another commonly owned patent; or
``(II) are subject to 1 or more disclaimers under section
253 to another commonly owned patent.
``(ii) For purposes of clause (i)(I)--
``(I) each patent or application that identifies the same
patent or application on a disclaimer under section 253 is part
of the same Patent Group; and
``(II) each patent or application that is identified on a
disclaimer under section 253 is part of the same Patent Group
as the patent or application subject to the disclaimer.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to an application submitted under subsection (b)(2)
or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or section 351(k) of the Public Health Service Act (42
U.S.C. 262(k)) on or after the date of enactment of this Act.
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