,,ii  #aaith ,,congress  #ast ,session  
,s4 #bbgf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ae1     
#bjbe,mr4 ,welch 7for himself1 ,mr4     
,hawley1 and ,ms4 ,klobuchar7 introduced
 the following bill2 which was read     
twice and referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to address  
patent thickets4  #a4 ,short title ,this
 ,act may be cited as the ,eliminating  
,thickets to ,increase ,competition ,act
 or the ,,ethic ,act4  #b4 ,addressing  
patent thickets  7a7 ,limit on number of
 patents per patent group that may be   
asserted in action for infringement     
,section #bga7;e7 of title #ce1 ,united 
,states ,code1 is amended by adding at  
the end the following3  7#g7 7,a7 ,a    
person who brings an action for         
infringement of a patent under this     
section against a party described in    
subparagraph 7,b7 may assert in the     
action not more than one patent per     
,patent ,group4  7,b7 ,a party described
 in this subparagraph is-- 7i7 a person 

who-- 7,i7 submits an application for   
approval of a drug under subsection     
7b77#b7 or 7j7 of section #eje of the   
,federal ,food1 ,drug1 and ,cosmetic    
,act 7#ba ,u4,s4,c4 #cee71 or is a      
holder of such an approved application2 
or  7,,ii7 submits an application for   
licensure of a biological product under 
section #cea7k7 of the ,public ,health  
,service ,act 7#db ,u4,s4,c4 #bfb7k771  
or is a holder of such a licensure2 or  
7ii7 a person making1 using1 selling1   
offering for sale1 introducing or       
delivering into interstate commerce1 or 
importing-- 7,i7 a drug approved        
pursuant to an application under        
subsection 7b77#b7 or 7j7 of section    
#eje of the ,federal ,food1 ,drug1 and  
,cosmetic ,act 7#ba ,u4,s4,c4 #cee72 or 
7,,ii7 a biological product licensed    
under section #cea7k7 of the ,public    
,health ,service ,act 7#db ,u4,s4,c4    
#bfb7k774  7,c7 ,a person who brings an 
action described in subparagraph 7,a7   
asserting a patent against a party may  

not bring any additional actions        
described in that subparagraph asserting
 a patent in the same ,patent ,group    
against that party4  7,d7 7i7 ,for      
purposes of this paragraph1 the term    
,patent ,group means #b or more commonly
 owned patents or applications that--   
7,i7 are identified on #a or more       
disclaimers under section #bec to       
obviate obviousness-type double         
patenting of another commonly owned     
patent2 or  7,,ii7 are subject to #a or 
more disclaimers under section #bec to  
obviate obviousness-type double         
patenting of another commonly owned     
patent4  7ii7 ,for purposes of clause   
7i77,i7-- 7,i7 each patent or           
application that identifies the same    
patent or application on a disclaimer   
under section #bec is part of the same  
,patent ,group2 and  7,,ii7 each patent 
or application that is identified on a  
disclaimer under section #bec is part of
 the same ,patent ,group as the patent  
or application subject to the           

disclaimer4  4  7b7 ,applicability ,the 
amendment made by subsection 7a7 shall  
apply with respect to an application    
submitted under subsection 7b77#b7 or   
7j7 of section #eje of the ,federal     
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #cee7 or section #cea7k7 of   
the ,public ,health ,service ,act 7#db  
,u4,s4,c4 #bfb7k77 on or after the date 
of enactment of this ,act4