Showing posts with label Bayh-Dole Act. Show all posts
Showing posts with label Bayh-Dole Act. Show all posts

Saturday, January 6, 2024

Addressing the epidemic of high drug prices; Harvard Law Today, January 5, 2024

 Jeff Neal, Harvard Law Today; Addressing the epidemic of high drug prices

"The Biden administration is once again targeting high drug prices paid by Americans. This time, officials are focused on prescription medications developed with federal tax dollars. The United States government, through the National Institutes of Health (NIH), awards billions of dollars of research grants to university scientists each year to fund biomedical research, which is often patented. The universities in turn grant exclusive licenses to companies to produce and sell the resulting drugs to patients in need. But what happens if a drug company fails to make a medication available, or sets its price so high that it is out of reach for a significant percentage of patients?

To tackle this problem, the Biden administration recently released a “proposed framework” that specifies when and how the NIH can “march in” and award the rights to produce a patented drug to a third party if the patent licensee does not make it available to the public on “reasonable terms.” The plan is based on a provision included in the Bayh-Dole Act, a 1980 federal law which was designed to stimulate innovation by encouraging universities to obtain and license patents for inventions resulting from federally funded research.

According to Harvard Law School intellectual property expert Ruth Okediji LL.M. ’91, S.J.D. ’96, although the Biden administration’s proposed framework for using government march-in rights to lower drug costs is an important development, whether it will be successfully implemented and result in meaningful drug price reductions remains to be seen. Harvard Law Today recently spoke to Okediji, the Jeremiah Smith, Jr. Professor of Law and faculty director of Global Access in Action(GAiA) at the Berkman Klein Center, about the new proposal and the legal challenges it might face."

Thursday, April 11, 2019

Nobel laureate takes stance against allowing research to be intellectual property; The Auburn Plainsman, April 11, 2019

Trice Brown, The Auburn Plainsman; Nobel laureate takes stance against allowing research to be intellectual property

"George Smith, recipient of a 2018 Nobel Prize for Chemistry, spoke to a crowd of students and faculty about the problems that arise from making publicly funded research intellectual property.

Smith said one of the greatest problems facing the scientific research community is the ability of universities to claim intellectual property rights on publicly funded research.

“I think that all research ought not to have intellectual — not to be intellectual property,” Smith said. “It’s the property of everyone.”"

Friday, September 12, 2014

Pitt sets deadline for transfer of intellectual property rights; Pittsburgh Post-Gazette, 9/12/14

Bill Schackner, Pittsburgh Post-Gazette; Pitt sets deadline for transfer of intellectual property rights:
"Asked if researchers must transfer intellectual property rights to campuses in return for federal funding, the National Institutes of Health Office of Extramural Research provided a three-paragraph statement that said signed agreements verifying compliance with Bayh-Dole are required. The language did not appear to specifically address transferring intellectual property rights to universities.
The faculty assembly Tuesday passed a resolution drafted by the Tenure and Academic Freedom Committee asking Ms. Beeson and Pitt Chancellor Patrick Gallagher to slow down the process to allow faculty and administrators to jointly address the ramifications.
Barry Gold, pharmacy faculty member and co-chairman of the Tenure and Academic Freedom Committee, said he has heard from a couple of investigators who are refusing to sign and others with concerns. Pitt administrators and Michael Spring, president of the faculty assembly, have said the agreements would be subject to the existing campus policies and therefore no additional rights would seem to be ceded, but some have asked what happens if the policies change, Mr. Gold said. “Does that mean we would get to re-sign those agreements?”
Asked his reaction to Monday’s memo, Mr. Gold replied: “I don’t know what to say other than this is just another effort to steamroll faculty into signing.”"