1. Short title This Act may be cited as the Increasing Prescription Drug Competition Act . 2. Preventing the use of patents, trade secrets, or other intellectual property on risk evaluation and mitigation strategies to inhibit competition Section 505–1 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1 ) is amended by adding at the end the following: (n) Additional requirements (1) Patents claiming REMS If an application under subsection (b)(2) or (j) of section 505 includes a certification under subsection (b)(2)(A) or (j)(2)(A)(vii) of section 505 with respect to a patent that claims an aspect of the elements to assure safe use of a risk evaluation and mitigation strategy requirements under subsection (f) for the applicable listed drug, such certification shall have no effect on the effective date of the approval of the application, notwithstanding subparagraphs (B) and (C) of section 505(c)(3) and clauses (ii) and (iii) of section 505(j)(5)(B). (2) Damages In the event that the sponsor of another application under section 505 of this Act or section 351 of the Public Health Service Act infringes a patent, trade secret, or any other intellectual property held by the sponsor or holder to comply with risk evaluation and mitigation strategy requirements under this section, the sponsor or holder of the approved application shall not seek, or claim entitlement to, any remedy other than damages arising from the infringement. (3) Clarifications Nothing in this section shall be construed as— (A) prohibiting the sponsor or holder of an approved application from allowing the sponsor of another application under section 505 of this Act or section 351 of the Public Health Service Act to use the patent, trade secret, or any other intellectual property other than as described in this subsection