In the USA, there is growing resistance to a bid from the White House to exercise so-called march-in rights, a process whereby the federal government requires patent holders to agree to a licence.
Under the Bayh-Dole Act, passed in 1980, the government is permitted to mandate licensing of patents where they have been federally funded, an option that many have argued for as a way to lower drug costs for patients.
Supporting the policy, the US Department of Commerce’s National Institute of Standards and Technology (NIST) has released draft guidance providing agencies with a framework for various considerations, including on pricing.
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