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.

Marching band
The Biden Administration proposal to expand the approach to exercising patent march-in rights has drawn thousands of comments. • Source: Shutterstock

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