Protecting Consumer Access to Generic Drugs Act of 2026

The bill would make it unlawful for a brand-name drug (NDA) or biologic (BLA) holder and a subsequent filer, such as a generic or biosimilar manufacturer, to settle a covered patent infringement claim through an agreement in which the filer receives anything of value and agrees to limit or forgo research, development, manufacturing, marketing, or sales of the product. Exceptions apply for payments that are solely compensation for other goods or services, and for settlements whose consideration is limited to specified items such as an early-entry date, litigation expenses up to $7.5 million, or a covenant not to sue. The Federal Trade Commission would enforce the prohibition as an unfair or deceptive practice, with civil penalties of up to three times the attributable value, and the Commission could exempt certain agreements by rule. The bill text provided was truncated before its definitions section, so the full scope of covered terms cannot be confirmed.