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Biopharma, US FTC Portray Opposing Sides In Debate Over Patent ‘March-In’ Policy

 
• By Brenda Sandburg

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

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.

The Biotechnology Innovation Organization (BIO) and the Pharmaceutical Research and Manufacturers of America (PhRMA) called on the Department of Commerce’s...

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