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A Reasonable Approach To ‘Reasonable Pricing’?

 
• By Michael McCaughan

Biopharma companies are preparing to fight a new Biden Administration proposal to allow price to be a factor in invoking ‘March In’ rights on US government funded patents. However, an argument can be made that the new framework would be better than the status quo.

guardrails
Industry may actually appreciate the guardrails in the proposed march-in process. • Source: Shutterstock

Biopharma companies are understandably upset by a Biden administration proposal to allow the National Institutes of Health to consider pricing as a factor that might prompt the agency to “March In” on patents licensed to commercial companies.

Key Takeaways

  • Industry will need to accept continued public pressure on the pricing of its products.

  • Given that, the NIST process...

After all, they were so close to having a regulation finalized that would have explicitly prohibited pricing from any consideration in suspending exclusive rights under the Bayh-Dole Act that governs...

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