Legis Daily

Skinny Labels, Big Savings Act

USA119th CongressHR-6485| House 
| Updated: 12/5/2025
Ben Cline

Ben Cline

Republican Representative

Virginia

Cosponsors (1)
Zoe Lofgren (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill establishes a safe harbor from patent infringement for companies developing generic drugs and biological products, specifically concerning method-of-use patents. It amends section 271 of title 35, United States Code, to clarify that certain actions will not constitute infringement. These protected actions include submitting or seeking approval for generic drug applications (under sections 505(j) or 505(b)(2) of the Federal Food, Drug, and Cosmetic Act) or biosimilar applications (under section 351(k) of the Public Health Service Act), as well as promoting or commercially marketing these products. The safe harbor is strictly conditional: it applies only if the labeling, promotion, or commercial marketing of the generic or biosimilar product does not reference the specific condition or conditions of use claimed in the patent . For generic drugs, this means the application must include a statement for the method-of-use claims, and the product's labeling must avoid the patented use. Similarly, for biosimilars, the product must not be approved for the patented condition, and its labeling must omit reference to that use. The Act's provisions apply retroactively to conduct occurring before, on, or after its enactment date, and to all pending legal proceedings.
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Timeline
Jan 9, 2025

Latest Companion Bill Action

S 119-43
Introduced in Senate
Dec 5, 2025
Introduced in House
Dec 5, 2025
Referred to the House Committee on the Judiciary.
  • January 9, 2025

    Latest Companion Bill Action

    S 119-43
    Introduced in Senate


  • December 5, 2025
    Introduced in House


  • December 5, 2025
    Referred to the House Committee on the Judiciary.

Commerce

Related Bills

  • S 119-43: Skinny Labels, Big Savings Act

Skinny Labels, Big Savings Act

USA119th CongressHR-6485| House 
| Updated: 12/5/2025
This bill establishes a safe harbor from patent infringement for companies developing generic drugs and biological products, specifically concerning method-of-use patents. It amends section 271 of title 35, United States Code, to clarify that certain actions will not constitute infringement. These protected actions include submitting or seeking approval for generic drug applications (under sections 505(j) or 505(b)(2) of the Federal Food, Drug, and Cosmetic Act) or biosimilar applications (under section 351(k) of the Public Health Service Act), as well as promoting or commercially marketing these products. The safe harbor is strictly conditional: it applies only if the labeling, promotion, or commercial marketing of the generic or biosimilar product does not reference the specific condition or conditions of use claimed in the patent . For generic drugs, this means the application must include a statement for the method-of-use claims, and the product's labeling must avoid the patented use. Similarly, for biosimilars, the product must not be approved for the patented condition, and its labeling must omit reference to that use. The Act's provisions apply retroactively to conduct occurring before, on, or after its enactment date, and to all pending legal proceedings.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 9, 2025

Latest Companion Bill Action

S 119-43
Introduced in Senate
Dec 5, 2025
Introduced in House
Dec 5, 2025
Referred to the House Committee on the Judiciary.
  • January 9, 2025

    Latest Companion Bill Action

    S 119-43
    Introduced in Senate


  • December 5, 2025
    Introduced in House


  • December 5, 2025
    Referred to the House Committee on the Judiciary.
Ben Cline

Ben Cline

Republican Representative

Virginia

Cosponsors (1)
Zoe Lofgren (Democratic)

Judiciary Committee

Commerce

Related Bills

  • S 119-43: Skinny Labels, Big Savings Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted