The Biden administration unveiled a new framework outlining the factors federal agencies should consider in determining whether to use march-in rights.
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.
Drugmakers have argued that seizing the patent for a medication makes that treatment vulnerable to competition, which can reduce a company’s revenue and limit how much it can reinvest into drug development.
Or yknow, maybe spend a few billion less on marketing and TV commercials?
I've often thought that this is a perfect situation in which to invoke Eminent Domain.
If the government can decide what my home is worth, and force me to sell it at that price so that they can sell it to a developer to tear down and build something else to sell to someone else, then why can't they decide what a patent is worth and force the patent holder to sell it at that price.
The patent holder should be compensated for whatever they paid to develop the technology. Obviously, if the patent is based on government funded research, then whatever the government already paid would be deducted from the value of the patent.
why shouldn't we get what we pay for? not for a "reasonable price" out of some sense of "public private partnership". if the people bear the cost of development the people should own the product outright.
Hehehee, I like to imagine him talking to some of these companies on the phone about this problem and them acting all tough before he made this decision.
"Seize" is a really weird term to apply to something that only exists as an idea. Especially an idea that only has meaning because governments actively enforce it. It would make more sense to say Biden plans to end enforcement of the relevant patents.
It seems like the language of the article is designed to paint Biden's plan in a bad light.
"Won't someone think of the billion dollar drug corporation? They're the real victims of this abuse of executive power!" - Republicans right now, probably.
With the R's and D's history of both being completely owned by the same oligarchs in mind, this sounds like a framework that will be used to crush smaller pharmaceutical companies and give patents to the all ready huge ones... I might just be super critical, correct me if I'm wrong...
“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,”
Cue the legal bickering over what counts as "reasonable". I think the definition is clear: the only reasonable price for medicine is the lowest possible price. And the only way to ensure that is to not award drug patents in the first place (at all, but especially if development was funded by taxpayers).
This sounds like highway robbery. If the government wants patent rights for things they funded, they should include those terms in the grants and not do it after the fact.
I'm extremely torn about this.
First of all, I've been saying for a long time, that the biggest problem with the American health system is the costs of everything, and not the lack of insurance. Bring the costs down, and insurance is either not needed, or should be able to be procured much more cheaply, so this move will help with that, which is a good thing.
Second, patents are in place for a reason. If you invent something, you have the right to sell it, at least for a period of time, without it being ripped off by someone else. Patents are used all the time, all around the world, and are typically protected. This is a form of theft, and I think a possible slippery slope, as it sets a precedent going forward. And yes, I'm aware that they are doing this with drugs funded by the taxpayers. If they want to do this, it should be a stipulation when the company gets the government funding, and not done after the fact.