S. 1041, the Affordable Prescriptions for Patients Act, passed the Senate on July 21, 2026.
S. 1041 — Affordable Prescriptions for Patients Act
What it does
This bill amends patent law to allow pharmaceutical companies holding patents on reference biological products (like biologics) to sue generic/biosimilar competitors and assert up to 20 patents per lawsuit—but with restrictions: no more than 10 patents issued after a specified date, and patents must meet certain criteria (claiming the product itself, listed on the FDA patent list, or filed more than 4 years after approval). Courts can increase this limit if the generic applicant withholds required information or if other good cause exists. The effect is to strengthen patent holders' litigation power against biosimilar entrants while creating procedural hurdles for generics to clear.
Quorum's transparency scan gave Affordable Prescriptions for Patients Act a high transparency warning.
What happens next
S. 1041 passed the Senate. It now moves to the other chamber.
Who is behind it
Filed by John Cornyn. Cosponsored by Chuck Grassley, Richard Blumenthal and Richard Durbin.