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Tag Archives: march-in
NIST’s Chief Counsel on Bayh-Dole, 3
NIST’s chief counsel gives, let us say, a unhelpful representation of the law. Let’s continue with his second slide titled “Bayh-Dole Highlights.” The government does not “retain” a license. The government is entitled to receive that license. The law uses … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, government license, march-in, NIST, patent rights clause, subject invention, Wixon
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Guide to Bayh-Dole by the Layers, 6
Sixth layer: Government rights Seventh layer: Enforcement of patent rights clauses We must also consider the flip side of contractor non-compliance with Bayh-Dole’s standard patent rights clause–federal agency enforcement of the patent rights clauses, waiver of these clauses, and federal … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, enforcement, march-in
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The Faster Cures FAQ on Bayh-Dole, 4
We are working through the Faster Cures FAQ on Bayh-Dole. 5. What are march-in rights, and what does Bayh-Dole say about them? Has the government ever exercised its march-in rights? Bayh-Dole requires federal agencies to include a right to “march-in” and … Continue reading
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Tagged Bayh-Dole, Faster Cures, march-in, research tools
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Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 3
The first part of this article is here. The exclusive license that UCLA granted to Medivation meets the requirements for an assignment of the subject invention. The license grants substantially all rights in the subject invention (to all compounds for … Continue reading
Posted in Bayh-Dole
Tagged enzalutamide, KEI, march-in, patent rights clause, subject invention, UCLA, Xtandi
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Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 2
The first part of this article is here. To explore these issues, let’s take a look at Xtandi, a prostate cancer drug that has received press recently in the debate over high drug prices. Xtandi sells in the U.S. for … Continue reading
Posted in Bayh-Dole
Tagged enzalutamide, march-in, Medivation, patent rights clause, Pfizer, subject invention, UCLA, Xtandi
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The IPA and Wisconsin’s 1969 Patent Policy, 7
The start of this article is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 WARF’s Charter and Antitrust WARF’s charter was designed to prevent the University of Wisconsin from using its money for non-scientific research–social sciences, humanities, and the … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged antitrust, march-in, patent, policy, public covenant, scientific research, Steenbock, vitamin D, WARF
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Use the government license in Bayh-Dole
According to news reports (here’s where I first read about it–follow the link there to the article in the Baltimore Sun), the state of Maryland is attempting to deal with high drug prices through legislation that gives the state the right … Continue reading
Posted in Bayh-Dole, Freedom, Policy
Tagged Bayh-Dole, government license, march-in, practice and have practiced, Xtandi
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To fix Bayh-Dole on reasonable pricing, why not start by enforcing the law?
I spent some time working through whether Bayh-Dole requires reasonable pricing. The simple answer is “No.” Of course, the simple answer isn’t very helpful, or accurate. Bayh-Dole does not require reasonable pricing by design of those drafting the bill. The … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, competition, IPA, march-in, policy, price, reasonable
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Bazooka or Squirt Gun?: Working through 35 USC 200
Bayh-Dole gets at monopoly pricing through patent law, not licensing restrictions. Bayh-Dole is a part of federal patent law, not federal procurement regulations. This was a big change from the prior practice, including the Institutional Patent Agreement program. Unlike the … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 200, Bayh-Dole, covenant, march-in, policy, price, utilization
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Bayh-Dole, the love monster of patent attorneys and speculators
Joe Allen has written a new piece warning of the dangers of trying to use Bayh-Dole march-in procedures to control drug prices. And he has a point–the Bayh-Dole march-in procedures were not designed to deal with pricing. In fact, the … Continue reading
Posted in Bayh-Dole, Sponsored Research
Tagged Bayh-Dole, march-in
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