Lexology May 17, 2024
Pharmaceutical drug pricing and reimbursement remains a bipartisan focus as we draw closer to the November presidential elections, with politicians remaining steadfast in their efforts to turn up the heat on pharmaceutical manufacturers. Politicians and other groups from across the political spectrum have coalesced around a 40-year-old statute known as the Bayh-Dole Act—intended to facilitate the public’s beneficial use of patented inventions by securing intellectual property (IP) rights for inventors—and are seeking to transform the statute’s never-before-used “march-in” rights to influence the price of drug products.
Background
As we previously covered in a LawFlash, the Bayh-Dole Act applies when businesses and other organizations (inventors) conduct research and develop an invention that is either conceived or first actually reduced to practice...
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