The biopharma industry and the US Federal Trade Commission illustrated the divide over the Biden administration’s proposal for federal agencies to consider a product’s price when deciding whether to invoke march-in rights to license a company’s patents.
Biopharma, US FTC Portray Opposing Sides In Debate Over Patent ‘March-In’ Policy
BIO and PhRMA describe the complexity of pricing biopharmaceuticals in arguing price should not be a factor in deciding whether to exercise march-in rights. The FTC suggests agencies consider a patent holder’s private investment and breadth of patent coverage, while KEI, AUTM, the American Bar Association, and former USPTO directors also weigh in on NIST's proposed framework.
