H.R. 3995 (112th): Protecting Consumer Access to Generic Drugs Act of 2012

Feb 09, 2012 (112th Congress, 2011–2013)
Died (Referred to Committee)
Bobby Rush
Representative for Illinois's 1st congressional district
Read Text »
Last Updated
Feb 09, 2012
6 pages
Related Bills
H.R. 1706 (111th) was a previous version of this bill.

Referred to Committee
Last Action: Mar 25, 2009

H.R. 3709 (113th) was a re-introduction of this bill in a later Congress.

Referred to Committee
Last Action: Dec 11, 2013


This bill was introduced on February 9, 2012, in a previous session of Congress, but was not enacted.

Introduced Feb 09, 2012
Referred to Committee Feb 09, 2012
Full Title

To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market, and for other purposes.


No summaries available.

6 cosponsors (6D) (show)

House Energy and Commerce


House Judiciary

Intellectual Property, Competition, and the Internet

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Primary Source

THOMAS.gov (The Library of Congress)

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H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

Protecting Consumer Access to Generic Drugs Act of 2012 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which:
(1) an abbreviated new drug (generic) application filer receives anything of value; and
(2) such filer agrees not to research, develop, manufacture, market or sell the generic drug.
Excludes a resolution or settlement that includes no more than:
(1) the right to market the generic drug before the expiration of the patent or other exclusivity period, or
(2) the waiver of a patent infringement claim for damages.
Authorizes the Federal Trade Commission (FTC) to exempt agreements in furtherance of market competition and for the benefit of consumers.
Amends the Federal Food, Drug, and Cosmetic Act to deem an applicant to have forfeited market exclusivity if the applicant enters into an agreement that violates this Act.
Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise reporting requirements related to agreements between a generic drug applicant and a brand name drug company to include: (1) a description of the subject matter of other agreements between the parties; and (2) a certification that the materials filed represent the complete, final, and exclusive agreement between the parties.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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