Tag Archives: march-in

Xtandi, Bayh-Dole, and how Pfizer might stop worrying and love the march in

Posted on March 23, 2023 by Gerald Barnett

The American Prospect has an interesting piece (“A Big Miss on Drug Prices”) on the NIH yet again defying the Bayh-Dole Act and refusing to launch an investigation into whether UCLA and Pfizer have met Bayh-Dole’s standard (35 USC 201(f)) … Continue reading →

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Why not let’s try, Frank?

Posted on March 9, 2023 by Gerald Barnett

Frank Cullen, writing at the “Council for Innovation Promotion” has posted a hand-wringing response to a letter from members of Congress to the Secretary of Health and Human Services requesting that the government use Bayh-Dole’s march-in provisions to address price … Continue reading →

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March-in rights, Xtandi, and Bayh-Dole’s patent rights clause

Posted on March 3, 2023 by Gerald Barnett

Senator Bernie Sanders just tweeted about Xtandi, asking patients taking Xtandi to share their stories. The prostate cancer drug Xtandi was invented by taxpayer-funded scientists at UCLA, but now costs Americans nearly $190,000 — or up to six times the … Continue reading →

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The failed Bayh-Dole bargain, 3

Posted on August 13, 2022 by Gerald Barnett

We are working through a new article on Bayh-Dole march-in, written by two PhD patent attorneys. In its way, the article is more puff piece than law review, drawing its frame from the sources chosen, not much looking at the … Continue reading →

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The failed Bayh-Dole bargain, 1

Posted on August 11, 2022 by Gerald Barnett

Dr. Rebecca McFadyen and Dr. Tara Nealey–both working for an IP law firm–have published an article “Will old Bayh-Dole be taught new tricks?” Me, Dr. Barnett–not working for an IP law firm–thinks they have got it wrong. Consider: Before 1980 … Continue reading →

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Bayh-Dole, Competition, Reasonable Terms, and March-in (Short Version)

Posted on March 30, 2022 by Gerald Barnett

How are competition, reasonable terms, and march-in related in Bayh-Dole? Here is the short version. Bayh-Dole stipulates that a contractor must timely achieve practical application of a subject invention and must reasonably satisfy public health needs in doing so. 35 … Continue reading →

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Bayh-Dole is a competition and technology transfer statute

Posted on March 16, 2022 by Gerald Barnett

The Bayh-Dole Coalition, a lobbying front for pharma and university patent administrators, claims that Bayh-Dole is a “tech transfer statute” that would be misused if federal agencies used its march-in provisions to address drug pricing. If companies cannot price-gouge, they … Continue reading →

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Making Bayh-Dole March-in and Government License Work

Posted on April 20, 2021 by Gerald Barnett

There’s a lot of stirrings about using Bayh-Dole’s march-in procedure to address the high price of drugs in the United States. Under march-in, a federal agency has the right to require a federal contractor (or anyone who is an assignee … Continue reading →

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Unenforced, Bayh-Dole enables a federal offer to look the other way on price-gouging

Posted on March 29, 2021 by Gerald Barnett

The government’s failure to use its government license to practice and have practiced (=make, use, and sell) puts undue pressure on march-in to address nonuse and unreasonable use of inventions arising in work receiving federal support. NIST wants to gut … Continue reading →

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proto Bayh-Dole march-in, c. 1976

Posted on November 21, 2020 by Gerald Barnett

Bayh-Dole was the banana that finally stuck on wall, but Norman Latker had tried any number of schemes to circumvent federal policy requiring default open access to the inventions arising in work for which the federal government provided funding. People … Continue reading →

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