Leveraging Bayh-Dole Act March-In Rights to Reduce US Drug Prices

By João L. Carapinha

November 4, 2024

The article titled “Using Bayh-Dole Act March-In Rights to Lower US Drug Prices” published in the JAMA Health Forum discusses how the Bayh-Dole Act’s march-in rights can potentially be utilized to lower drug prices in the United States. By examining this framework, the article highlights a critical strategy that could help tackle the pressing issue of high drug costs affecting millions of Americans.

Bayh-Dole Act Overview

The Bayh-Dole Act of 1980 allows universities and other research institutions to retain the intellectual property rights to inventions developed with federal funding. This act aims to promote the commercialization of these inventions.

March-In Rights

The Bayh-Dole Act provides a provision known as “march-in rights,” which empowers the federal government to intervene. It does so by granting licenses to other entities if the patent holder fails to achieve “practical application” of the invention. This mechanism is particularly relevant when an invention is not being made available to the public on reasonable terms.

Application to Drug Prices

The article argues that march-in rights could be pivotal in lowering drug prices by addressing patents held by pharmaceutical companies that lead to exorbitant medication costs. If a particular drug is not accessible at a reasonable price, the government might invoke march-in rights to permit other companies to produce the drug. This would increase competition and significantly lower costs for consumers.

Legal and Policy Considerations

The authors discuss the various legal and policy implications surrounding the invocation of march-in rights. Key considerations include determining what constitutes “reasonable terms” and anticipated resistance from pharmaceutical companies. The article also reviews previous attempts to utilize march-in rights for drug pricing and the factors contributing to their lack of success.

Public Health Impact

The article emphasizes the potential public health benefits that come from making essential medications more affordable. By effectively leveraging march-in rights, the government could help ensure that life-saving drugs are accessible to a wider population, especially to those who struggle to afford them at current price levels.

Conclusion

The authors assert that using Bayh-Dole Act march-in rights is a viable strategy to combat high drug prices in the US. But they recognize the complexities and challenges involved in implementing this approach. It includes potential legal disputes and the need for clearly defined policy guidelines.

Overall, this article provides a comprehensive analysis of existing legal frameworks. The Bayh-Dole Act’s march-in rights will promote public health by making essential medications more accessible and affordable.

Reference url

Recent Posts

DALY modeling methods
        

AI-Driven DALY Modeling Methods for Enhanced Health Economics and Policy Analysis

How can DALY modeling methods revolutionize health policy and decision analysis? 🔍

DALY modeling techniques provide vital insights into disease burden, helping policymakers and analysts make informed, evidence-based decisions about resource allocation. This article breaks down the latest advancements in DALY modeling, ensuring you grasp the methodologies that can enhance health economics practices.

Don’t miss out on learning how these robust methods can shape better health outcomes. Dive into the full article for all the essential details!

#SyenzaNews #HealthEconomics #HealthcarePolicy

pharmaceutical pricing issues
      

Pharmaceutical Pricing Issues: Beyond Overpricing and Profit Motives

💊 Are high drug prices justified by R&D investments, or is there more to the story?

In a thought-provoking critique, a recent BMJ article argues that profit motives are driving pharmaceutical pricing issues while highlighting the tough decisions regarding access to Alzheimer’s drugs in the UK. It raises vital concerns about the implications for lower-income countries and emphasizes the need for a balanced discussion on drug pricing and innovation.

Curious about the complexities of pharmaceutical pricing and how they shape global health access? Dive into the full article for a nuanced exploration!

#SyenzaNews #pharmaceuticals #HealthEconomics #healthcarepolicy

Zimislecel type 1 diabetes
   

Cell Therapy for Type 1 Diabetes: Vertex Trial Results and Market Potential

🚀 What if we could revolutionize Type 1 diabetes treatment?

Vertex Pharmaceuticals has made significant strides with its promising phase 1/2 trial results for **zimislecel**, a stem cell-derived therapy that not only restores insulin production but also drastically reduces severe hypoglycemic events. As phase 3 trials commence, this breakthrough could reshape care for T1D patients and potentially reduce long-term healthcare costs.

Curious to learn how zimislecel and other potential cell therapies may redefine diabetes management? Click to read more!

#SyenzaNews #biotechnology #HealthEconomics

When you partner with Syenza, it’s like a Nuclear Fusion.

Our expertise are combined with yours, and we contribute clinical expertise and advanced degrees in health policy, health economics, systems analysis, public finance, business, and project management. You’ll also feel our high-impact global and local perspectives with cultural intelligence.

SPEAK WITH US

CORRESPONDENCE ADDRESS

1950 W. Corporate Way, Suite 95478
Anaheim, CA 92801, USA

© 2025 Syenza™. All rights reserved.