Limits the number of patents that can be asserted in an infringement action against drug and biological product manufacturers.
The Eliminating Thickets to Increase Competition Act, or ETHIC Act, aims to address patent thickets by limiting the number of patents that can be asserted in an infringement action against drug and biological product manufacturers. Specifically, it restricts the assertion of more than one patent per Patent Group in such actions. A Patent Group consists of two or more commonly owned patents or applications identified on disclaimers to another commonly owned patent. This amendment applies to applications submitted on or after the enactment date of the Act.
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