On drug patent monopoly

When the Wall Street Journal (WSJ) accused the Biden administration’s latest effort to rein in drug costs by “seizing patents” and “stealing intellectual property”, it advanced its pro-business agenda by telling us only a half-truth. 

 True: under the 1980 Bayh-Dole act, research institutions receiving federal funds are allowed to patent inventions and license them to companies to commercialize them. Missing half, also true: the Bayh-Dole law also includes the government’s march-in right that allows the funding agency to effectively ignore the exclusivity of a patent awarded, and grant additional licenses to other reasonable applicants for an invention made using taxpayers’ funds, especially when it comes to achieving the health and safety of consumers.

 Bringing a useful drug to consumers is a complex process and typically involves many channels, from scientific institutions supported by federal grants, to research and development supported by private investors, and this can sometimes lead to contentious patent fights.  Moreover, one of capitalism’s cornerstones is the power of competition across the field. The WSJ can’t have it both ways when it embraces capitalism by citing the Bayle-Dole Act to support drug patent monopoly, while ignoring the other half of the law that would foster competition in drug development.

 At the time when drug cost inflation rate (15%) is the highest of all health sectors, our government has the moral obligation to stand up to Big Pharma, and the legal authority to bring regulations and enforce rules to make healthcare more affordable and available to all Americans.

 (Submitted on Dec 16; published in the GT on Dec 30, 2023)