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Biden Administration to Use March-In Rights to Lower Drug Prices

New policy allows government to license patents of high-priced drugs developed with taxpayer funding, sparking praise from progressives and criticism from Republicans and economists.

  • Biden administration announces plan to use march-in rights to license patents of high-priced drugs developed with government funding to other manufacturers.
  • March-in rights, part of the 1980 Bayh-Dole Act, have never been used before and allow the government to intervene when products developed with federal funding are not made available to the public on 'reasonable terms'.
  • The policy has been praised by progressives, including Senator Bernie Sanders, but criticized by Republicans and some economists who argue it could stifle innovation and investment in the pharmaceutical industry.
  • The White House has not yet identified any specific drugs for this action, and the policy will be open to public comment for 60 days before a final memorandum is issued.
  • Despite the new policy, some experts argue that the majority of drug patents are unrelated to government-funded research, limiting the potential impact of the policy.
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