The Biden administration on Thursday asserted its authority to seize the patents of certain costly medications in a new push to slash high drug prices and promote more pharmaceutical competition.

The administration unveiled a framework outlining the factors federal agencies should consider in deciding whether to use a controversial policy, known as march-in rights, to break the patents of drugs that were developed with federal funds but are not widely accessible to the public. For the first time, officials can now factor in a medication’s price — a change that could have big implications for drugmakers depending on how the government uses the powers.

“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,” White House National Economic Advisor Lael Brainard said during a call with reporters Wednesday.

  • Blackbeard@lemmy.worldM
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    7 months ago

    They do:

    By contract, in the funding agreement, the funding agency allows the non-federal party to take title to the invention, but the funder retains some rights in the invention. One of those rights is the march-in right. In a march-in case, the non-federal entity retains ownership in the patent, but the funding agency can grant licenses to third parties to use the inventions. These non-voluntary licenses include royalties to patent holders. The federal government can’t issue the march-in licenses unless 4 conditions are met, set out by statute in 35 USC 203.