Experts agree proposed march-in framework would jeopardize innovation

In early December, the USA’s Biden administration announced a proposed framework under the Bayh-Dole Act that would allow the government to seize patent rights on products developed with any federal funding if they don’t agree with the price, using the “march-in” provision.

According to a blog posting by the US trade body Pharmaceutical Research and Manufacturers of America (PhRMA), not only does this unjustified use of “march-in” ignore decades of precedent and  previous failed attempts by the NIH to force so-called “reasonable pricing” clauses into partnership agreements but it threatens to chill the lifesaving innovation made possible by public-private collaboration.

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