Posted on 02/19/2024 6:12:21 PM PST by Tench_Coxe
A Biden administration proposal concerning patent rights from institutions that take funding from tax dollars has raised alarms at one manufacturing group in Michigan, a key electoral swing state.
The proposal in question, put forward by President Joe Biden's administration, concerns the federal government's ability to exercise "march-in rights" under the Bayh-Dole Act.
Passed into law in 1980, the act allows certain entities, like universities and manufacturers, to own, patent, and profit from inventions produced by programs that received federal funding. The act also bestows the federal government with march-in rights, allowing it to compel these entities to license their federally-funded patents to other applicants or lower the prices associated with them.
Since the law's inception, these rights have never fully been utilized, but under the proposed new framework, the federal government would be able to use Bayh-Dole march-in rights, with the Biden administration saying that this step would help bring down prescription drug prices, a key area of focus for the president since taking office.
(Excerpt) Read more at newsweek.com ...
Point Three. All patents and copyrights, pertaining to any devices, inventions, formulas, processes and works of any nature whatsoever, shall be turned over to the nation as a patriotic emergency gift by means of Gift Certificates to be signed voluntarily by the owners of all such patents and copyrights. The Unification Board shall then license the use of such patents and copyrights to all applicants, equally and without discrimination, for the purpose of eliminating monopolistic practices, discarding obsolete products and making the best available to the whole nation. No trademarks, brand names or copyrighted titles shall be used. Every formerly patented product shall be known by a new name and sold by all manufacturers under the same name, such name to be selected by the Unification Board. All private trademarks and brand names are hereby abolished.
So while the Bayh-Dole Act was initially well intentioned, the law of unintended consequences holds again.
Breaking up monopolies is one thing but this thing has a certain commie feel to it.
I don’t know who’s right in this particular dust-up. But here’s one thing I know for sure. When you weaken patent protections, you take away a key reason to innovate, to take a risk.
Always.
and if anyone objects, just fine them 400 million dollars
...its the democrat way
He is targeting Tesla.
Oh for the day where in response to such a fine, the response is: "You know, for a mere fraction of that fine, I can make that problem go away".
A large percentage of such resources helps to produce these private patents that ‘big’ pharm turns around and resells to America at the highest possible price, even they we paid for such research and development.
I can easily see where a nationalist would be upset at the prospect of the USA subsidizing the world.
Don’t take “grants” which have strings attached. Hillsdale College is looking smart right now.
Legal cover for what’s already been sold to, or stolen by, China.
From an earlier article:
“Hochul joined John Catsimatidis on “The Cats Roundtable” on WABC 770 AM, where she was asked if other New York businesspeople should be worried that if “they can do that to the former president, they can do that to anybody.”
“I think that this is really an extraordinary, unusual circumstance that the law-abiding and rule-following New Yorkers who are business people have nothing to worry about, because they’re very different than Donald Trump and his behavior,” Hochul responded.”
Yep, businesses have nothing to worry about from the Democrats.
next step abolish private property
We should never have been funding others’ patents to start with—and especially not for universities (or direct or indirect federal employees).
Yep.
And prepare for shortages even more severe, once the government gets involved.
You are 100% correct my FRiend. 100%.
They have also effectively nationalized supposedly private, or state-owned public, universities with the power of the grants given. That’s why we saw the near-universal endorsement of the jabs, the “pandemic”, etc., etc., from fascistically controlled educational and other supposedly “nonprofit” institutions.
The Kelo v. City of New London decision went a long way towards that goal.
I think each drug needs to be judged on its own merits.
Let me give you one example. The androgen deprivation drug Lupron, to treat prostate cancer, had its patent expire many years ago. However, the manufacturer made a very slight change and got a new patent, which restarted the clock.
The government paid for all the expenses to develope the drug, so the patent was owned by the FDA. The FDA then sold the patent for a relatively small number. The pharma company makes huge profits on it.
A Canadian company said they could deliver it for about $300/mon rather than $3,000/month the VA has to pay.
“o be signed voluntarily by the owners of all such patents and copyrights.”
Voluntarily.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.