Bowling Green Today

U.S. Senator Rand Paul (R-KY) has teamed up with U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, along with 15 other Republican Senators to challenge President Biden's proposal to allow agencies to seize drug patents under the Bayh-Dole Act if deemed necessary. The authors of the Bayh-Dole Act, former U.S. Senators Birch Bayh (D-IN) and Bob Dole (R-KS), emphasized that the legislation does not empower the government to set prices on resulting products.

During her nomination hearing, NIH Director Monica Bertagnolli, M.D. expressed her commitment to "follow all the laws of our land" when asked about supporting the use of march-in rights to influence drug costs. Both Republican and Democratic presidential administrations have historically affirmed that agencies do not possess the authority to seize patents under the Bayh-Dole Act in response to commercial drug costs.

The proposal to use march-in rights based on drug prices has raised concerns about the potential negative impacts on the development of new cures and treatments. The nonpartisan Bayh-Dole Coalition warned that such actions could hinder critical public-private partnerships and impede the progress of transformational discoveries from reaching consumers. Universities and research institutions, where a significant portion of NIH-funded research occurs, have criticized march-in rights as a counterproductive approach to reducing drug prices that could undermine innovation.

Senator Paul and his colleagues highlighted the detrimental effects of illegally using march-in rights, asserting that it would hinder health care innovation and deprive millions of Americans of future lifesaving treatments. In a joint statement, the senators emphasized the importance of maintaining public-private partnerships and urged agencies not to abuse their authority by seizing intellectual property.

The bipartisan group of senators underscored their commitment to lowering drug prices for American patients and families but cautioned that utilizing march-in rights to address pricing concerns would be counterproductive. They emphasized the need to protect the valuable partnerships that drive biomedical research in the United States.

Dr. Paul and Senator Cassidy were joined in their opposition by a group of fellow Republican Senators, including Joni Ernst, Roger Marshall, Kevin Cramer, Ted Budd, Mitt Romney, Marco Rubio, Tim Scott, Markwayne Mullin, John Cornyn, James Lankford, Marsha Blackburn, Roger Wicker, Shelley Moore Capito, Susan Collins, and Tom Cotton.

For more information, the full letter to NIH Director Monica Bertagnolli can be accessed on Senator Rand Paul's official website.