FDAnews Drug Daily Bulletin
Pharmaceuticals / Regulatory Affairs

Senators Introduce Bill to Prevent Using Native American Tribes to Shield Patents

Feb. 25, 2019

Three Republican senators introduced legislation to prevent arrangements like the controversial Restasis patent deal between Allergan and the St. Regis Mohawk tribe.

The Preserving Access to Cost Effective Drugs Act, introduced by Sens. Tom Cotton (Ark.), Joni Ernst (R-Iowa) and Pat Toomey (R-Penn.) would allow the Patent and Trademark Office and the International Trade Commission to review patents even in cases where Native American tribes claim sovereign immunity.

The legislation, endorsed by the Association for Accessible Medicines, would not prevent drugmakers from partnering with tribes for research, development and licensing, Cotton said.

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