The Biden administration is currently conducting a government-wide review of the use of “march-in” authority under the Bayh-Dole Act. The bipartisan legislation passed in 1980 and created a framework in which research institutions receiving federal funds could patent their inventions and license them to private entities to bring these innovations to market. As part of Bayh-Dole, legislators created a march-in provision designed as a safeguard for the government in case good-faith efforts aren't being made to commercialize the research. Now, anti-IP proponents are pushing to use the provision to regulate drug prices.
Th Bayh-Dole partnership framework is working for American patients, delivering 200 new medicines and vaccines since passage. The bill’s authors have stated that the law intentionally omits reference to a “reasonable price that should be dictated by the government” because the purpose of Bayh-Dole is to incentivize innovation, not discourage it.
Misuse of march-in rights would chill innovation and undermine collaboration between the public and private sectors, which could return us to the pre-Bayh-Dole era where promising new technologies sat on the shelf benefitting no one. It is not the right solution for increasing competition or improving patient affordability.
Learn more from Jocelyn Ulrich, Deputy Vice President of Policy and Research, on how the misuse of march-in could restrict life-saving biopharmaceutical innovation.
Megan Van Etten
Megan Van Etten is Vice President of Public Affairs. She is responsible for leading the association’s public affairs efforts on international issues, including trade, intellectual property and access to medicines. Prior to joining PhRMA, Megan was director of media and external communications at the U.S. Chamber of Commerce and communications director at the Beer Institute. She has also worked as a communications consultant for global public relations firms. When not at the office, Megan enjoys exploring new Washington, D.C. restaurants and traveling with her husband and friends.
Megan Van Etten
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Misuse of march-in could stifle innovation
Intellectual Property
Research and Development
Misuse of march-in could stifle innovation
Misuse of march-in could stifle innovation