HR-938 : Still Just a Bill

Bringing Low-cost Options and Competition while Keeping Incentives for New Generics Act of 2019 or the BLOCKING Act of 2019

This bill modifies provisions related to market exclusivity for a generic drug.

Currently, the Food and Drug Administration (FDA) awards 180 days of exclusivity on the market to a first applicant to file a qualifying application for market approval of a generic drug. Generally, this exclusivity period begins upon a first applicant's commercial marketing of the drug.

The bill authorizes the FDA to approve a subsequent generic drug application prior to a first applicant's first date of commercial marketing if (1) the subsequent application is ready for full approval, (2) a first applicant's application has been pending for at least 30 months, and (3) the approval of a first applicant's application is not precluded by patent infringement claims asserted against that first applicant.

Action Timeline

Action DateTypeTextSource
2019-05-02CalendarsPlaced on the Union Calendar, Calendar No. 24.House floor actions
2019-05-02CommitteeReported by the Committee on Energy and Commerce. H. Rept. 116-46.House floor actions
2019-04-03CommitteeOrdered to be Reported by Voice Vote.House committee actions
2019-04-03CommitteeCommittee Consideration and Mark-up Session Held.House committee actions
2019-03-27CommitteeForwarded by Subcommittee to Full Committee by Voice Vote .House committee actions
2019-03-27CommitteeSubcommittee Consideration and Mark-up Session Held.House committee actions
2019-02-02CommitteeReferred to the Subcommittee on Health.House committee actions
2019-01-31IntroReferralReferred to the House Committee on Energy and Commerce.House floor actions
2019-01-31IntroReferralIntroduced in HouseLibrary of Congress