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Tag Archives: price
The Bluntly Essence of Bayh-Dole’s Contracting Provisions
Let’s be super bluntly. The essence of Bayh-Dole’s contracting provisions is: Make new product available promptly, and at a competitive price. That’s it. That’s what all the apparatus and fuss is about, and what federal agencies refuse to recognize or … Continue reading
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Tagged Bayh-Dole, essence, price, reasonable terms
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A very short primer on reasonable price
Joe Allen writes this: “Price was not something march-in rights were ever meant to control, and wielding them this way would be a misuse of the law and it would kill Bayh-Dole.” This is nonsense. Allen provides no evidence for … Continue reading
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Tagged Bayh-Dole, price, reasonable terms
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Price controls in Bayh-Dole
Here’s the primary price control in Bayh-Dole: If an organization has the right to enforce patent rights on a subject invention obtained from a nonprofit, then any income earned with respect to the subject invention, after payment of expenses incidental … Continue reading
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Tagged Bayh-Dole, contractor, funding agreement, price
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Bayh-Dole march-in won’t change drug prices but other things might–1
Folks think that somehow Bayh-Dole permits government take over of pharma patents and by doing this, somehow, the price of drugs will necessarily–magically–go down. Let’s work through this idea. Set aside for a moment that many drugs don’t do much … Continue reading
Posted in Bayh-Dole, high priced drugs, Policy
Tagged assignment, Bayh-Dole, drugs, license, price
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Bayh-Dole Basics, 8: Reasonable Terms Comments-4
We are working through the details of prior treatments of what becomes “reasonable terms” in Bayh-Dole’s definition of “practical application.” This definition in turn becomes the threshold for federal agency march-in under 35 USC 203(a)(1)–the first of the four march-in … Continue reading
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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