Using Bayh-Dole For Cancer Drug March-In Rights Is Wrong

By David Kappos (May 25, 2022, 5:32 PM EDT) -- Sen. Elizabeth Warren, D-Mass., recently urged the Biden administration to reduce the price of a prostate cancer medicine, Xtandi, by seizing the developer's patent rights and licensing them to generic drug manufacturers.[1] The administration has this power, Warren contends, thanks to the march-in rights embedded in a 42-year-old law, the Bayh-Dole Act.[2]

The senator is wrong. Using the Bayh-Dole Act in this manner misconstrues the letter and intent of the law — and could have disastrous consequences for American innovation.

The Bayh-Dole Act is among the most successful laws of economic policy in U.S. history. The bipartisan reform, which then-senator Joe...

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