"USA Seizing Patents to Revolutionize Drug Affordability"
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In a groundbreaking development, a transformative policy is being undertaken to tackle the soaring costs of crucial medications.
Announced on December 7, the new policy empowers the government to seize patents for medicines developed with federal funding if their prices are considered exorbitant—a move that has never been taken before.
Key Points:
1?? Unprecedented March-in Rights: The policy introduces a roadmap for the government's "march-in rights," a provision never previously exercised. This empowers the government to grant additional licenses to third parties for products developed using federal funds if the original patent holder fails to make them available at reasonable prices.
2?? Criteria for Intervention: The draft roadmap, as seen by Reuters, outlines crucial factors, including assessing whether only a narrow set of patients can afford the drug and scrutinizing whether drugmakers are exploiting health or safety concerns through price hikes.
3?? Government's Warning: White House adviser Lael Brainard emphasized the government's stance, stating, "When drug companies won't sell taxpayer-funded drugs at reasonable prices, we will be prepared to allow other companies to provide those drugs for less."
4?? Public Input and Transparency: Before finalizing the proposal, the government is inviting public comments for 60 days. This ensures transparency and allows democratic participation in shaping healthcare policies that impact millions.
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5?? Industry Response: While praised by consumer advocates, industry groups, including the leading pharmaceutical lobby group PhRMA, express concerns, arguing that such measures could stifle innovation and harm patients.
6?? Historical Context: March-in rights were introduced in the Bayh-Dole Act of 1980, allowing inventors to retain ownership of inventions or products developed with public funds. The National Institutes of Health (NIH) can seize patents of federally-funded medicines under this act.
7?? Congressional Scrutiny: Progressive lawmakers have been critical of drugmakers benefiting from government funding. The policy aligns with their calls for the administration to use march-in authority to lower drug prices.
This policy shift, while generating debate, underscores the administration's commitment to balancing innovation and accessibility in the pharmaceutical industry. What are your thoughts on this bold move toward a more affordable and accessible healthcare landscape?
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