STAT January 18, 2022
Kristen Riemenschneider

I have been negotiating with representatives of the federal government on behalf of biopharmaceutical companies since starting in private practice 15 years ago. It is often slow-going and complex. Covid-19 changed that: Never have I been so impressed by the government’s willingness to get deals done as I have been during the pandemic.

In my experience, major pharmaceutical companies tend to resist federal funding for research and development, in part due to concerns around intellectual property (IP) and other rights the government would expect to receive in return.

These concerns focus on three statutory rights that accrue to the government when it funds research, which generally become obligations of the funding recipient and its partners. These rights are related to...

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