Bowling Green Today

U.S. Senator Rand Paul has teamed up with Senator Bill Cassidy to voice their opposition to President Biden's proposal to allow agencies to seize drug patents under the Bayh-Dole Act. The senators, along with 15 other Republican colleagues, have raised serious concerns regarding this move. Senator Paul joined Senator Cassidy, who is the ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, in addressing NIH Director Monica Bertagnolli, M.D., regarding the potential consequences of this proposal.

The authors of the Bayh-Dole Act, former U.S. Senators Birch Bayh and Bob Dole, emphasized that the legislation did not intend for the government to set prices on resulting products. Senator Paul and his colleagues pointed out that previous administrations have affirmed that agencies lack the authority to seize patents in response to commercial drug costs under the Bayh-Dole Act.

The senators expressed their concerns about the detrimental impact that using march-in rights based on drug prices could have on the development of new cures and treatments. The nonpartisan Bayh-Dole Coalition warned that such actions could discourage critical public-private partnerships and hinder the progress of transformative discoveries in the healthcare sector.

In a letter to NIH Director Monica Bertagnolli, the senators highlighted their apprehension that the illegal use of march-in rights could impede health care innovation and limit access to future life-saving treatments. They emphasized the importance of protecting public-private partnerships in biomedical research, stating that agencies like NIH should not abuse their authorities to seize intellectual property.

Senator Paul and Senator Cassidy were joined by a group of other Republican senators in their opposition to the Biden proposal. The senators expressed a shared goal of wanting to lower drug prices for American patients and families but cautioned against using march-in rights as a solution. They emphasized the need to preserve valuable public-private partnerships that drive innovation in the biomedical research field.

The full letter addressed to NIH Director Monica Bertagnolli can be accessed for further information on the senators' concerns.