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New Bill Would Make It Easier To Invalidate Drug Patents

Law360 (June 12, 2019, 9:12 PM EDT) -- A bill introduced Wednesday in the U.S. House of Representatives would mandate that once the first patent on a drug expires, all other patents on it are presumed to be invalid unless the patent owner can prove otherwise, a move proponents say will lower drug prices.

Sponsors of the Terminating the Extension of Rights Misappropriated Act, or TERM Act, H.R. 3199, said the measure is intended to halt what they called "evergreening," or the practice of drug companies obtaining numerous patents on the same drug, prolonging their ability to keep lower-priced generic versions off the market.

Sponsors of the bill including...

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