Bowling Green Today

U.S. Senator Rand Paul and U.S. Senator Bill Cassidy, along with 15 other Republican Senators, have raised serious concerns regarding President Biden's proposal to allow agencies to seize drug patents under the Bayh-Dole Act. The authors of the Bayh-Dole Act, former U.S. Senators Birch Bayh and Bob Dole, emphasized that the law did not intend for the government to set prices on resulting products.

During her nomination hearing, NIH Director Monica Bertagnolli stated that she would "follow all the laws of our land," emphasizing the importance of adhering to congressional intent. Past Republican and Democratic administrations have affirmed that agencies lack the authority to seize patents in response to commercial drug costs under the Bayh-Dole Act.

The potential use of march-in rights based on drug prices has raised concerns about its impact on the development of new cures and treatments. The nonpartisan Bayh-Dole Coalition warned that this framework could discourage critical public-private partnerships and hinder the availability of transformational discoveries for consumers.

Senator Paul and his colleagues expressed worries that the illegal use of march-in rights could hinder health care innovation and deprive Americans of future lifesaving treatments. They highlighted that such actions would not only harm patients but also diminish the return on investments in NIH each year.

In a joint statement, the senators emphasized their bipartisan goal of lowering drug prices for American patients and families. They urged agencies, including NIH, not to abuse their authorities by illegally seizing intellectual property, as it could jeopardize valuable public-private partnerships that drive biomedical research innovation.

Dr. Paul and Dr. Cassidy are supported in their opposition by a group of fellow Republican Senators. The full letter outlining their concerns has been addressed to NIH Director Monica Bertagnolli.

The stance taken by these senators reflects a shared commitment to protecting intellectual property rights and fostering a conducive environment for continued innovation in the healthcare sector.