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DEROY MURDOCK: Emperor Biden’s Latest — The State Goes Marching In To Seize Patents
Daily Caller ^ | January 14, 2024 4:04 PM ET | DEROY MURDOCK - CONTRIBUTOR

Posted on 01/15/2024 8:47:54 AM PST by Red Badger

If it ain’t broke, break it.

This is Joe Biden’s guiding principle. He took President Donald J. Trump’s much-tighter southern border and ripped it as wide open as a gutted trout’s belly. Biden turned Trump’s energy independence into begging Iran and Venezuela to pump more oil. He also devolved Trump’s peace in the Middle East into a five-front Arab war on Israel and let the Houthi terrorists convert the Red Sea into a shooting gallery.

And for his next trick, Biden wants to impersonate a Latin autocrat.

On December 7, a date that shall live in infamy, Biden’s Commerce Department proposed a mechanism to invoke the so-called “march-in” clause of 1980’s bipartisan Bayh-Dole Act. This would empower Uncle Sam to capture and control patents that fully or partially were funded with federal research grants, if Washington bureaucrats disliked the market prices or rollout speeds of their ensuing technologies.

As usual, Biden hopes to capsize the efficient, productive status quo. Since senators Birch Bayh (D -Indiana) and Bob Dole (R – Kansas) secured this legislation, universities and other institutions have owned the patents that emerged from federally funded research. Many then license these patents to companies and entrepreneurs who nurture them into goods and services. (Officially this law is the University and Small Business Patent Procedures Act of 1980.)

“Since its passage more than 40 years ago, the Act has spurred nearly 300 new drugs and discoveries that have driven the innovation economy — contributing $1.7 trillion to the US gross industrial output and adding more than 5.9 million jobs,” according to Laura Savatski, former chair of AUTM, an intellectual property licensing group.

Before Bayh-Dole, under 5% of federally supported patents were licensed. By 2022, AUTM data show, 9,884 licenses and options arose among that year’s 16,857 US patent applications. By that measure, 58.6% of patents typically are licensed each year, nearly 12 times the pre-Bayh-Dole pace.

The resulting embarrassment of riches has improved lives from Kansas to Kazakhstan:

Google’s pioneering search algorithm

Firefighting drones

HDTVs

Honeycrisp apples

Nicotine patches

Rotavirus vaccines

Taxol cancer therapy

Touch screens

Windows software

Zerit anti-AIDS treatments

Now imagine life with few new amusements, business tools, or medical cures. The ever-meddlesome Biden now wants new powers to reassign or simply nationalize patent licenses if his pests decide that these items are not marketed quickly or cheaply enough.

“Bayh-Dole did not intend that government set prices on resulting products,” its authors explained in The Washington Post. “The law makes no reference to a reasonable price that should be dictated by the government. This omission was intentional.”

Such Big Government caprice would karate chop private investment. Why would venture capitalists license new patents if federal busybodies could march in, expropriate, and award them to politically connected competitors?

Even worse, anti-capitalist bureaucrats could snatch licenses and sit on them while chanting, “Equity!” “Social justice!” or “Climate!”

Biden & Co. argue that when the state goes marching in, cheaper medicines will flow like the mighty Mississippi. This will prove to be yet another Marxist mirage, as drug companies avoid licensing patents for fear of being fleeced by the Everything for All crowd.

Taxpayers also will suffer if these patents cannot be harnessed. They never will taste the fruits of scientific developments that stay theoretical. They also will not collect the corporate taxes that commercialization now yields.

While America faces a $34 trillion national debt, and $875.5 billion in annual debt service, the marginal corporate taxes from these new products represent federal revenues generated by economic growth rather than higher tax rates. Even the late, great Milton Friedman would bless such tax receipts. Assuming today’s 21% corporate tax, Bayh-Dole’s $1.7 trillion in blessings already would have rendered unto Ceasar up to $357 billion.

Bayh-Dole was “possibly the most inspired piece of legislation to be enacted in America over the past half-century,” The Economist swooned in 2002. It “unlocked all the inventions and discoveries that had been made in laboratories throughout the United States with the help of taxpayers’ money. More than anything, this single policy measure helped to reverse America’s precipitous slide into industrial irrelevance.”

Twenty-two years later, Joe Biden is not amused. As he bans gas stoves and incandescent bulbs, mandates electric vehicles, censors his critics, and labors to imprison the leader of the opposition, he increasingly resembles the late, not great Latin dictator Hugo Chavez. Giving Biden and his comrades the power to smash patents and grab them for “better uses” would imperil property rights and endanger innovation. This could cripple the conveyor belt that speeds modern marvels from university labs to Best Buys, Walgreens, and Whole Foods across America.

Joe Biden should peel his sticky fingers off of Bayh-Dole.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Deroy Murdock is a Manhattan-based Fox News contributor.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.


TOPICS: Business/Economy; Government; Politics/Elections; US: California
KEYWORDS: atlasshrugged; aynrand; bayhdoleact; despotism; grants; hh2; ip; iprights; patents; research; theft; tyranny
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To: Varda

With help from your friendly neighborhood CIA................


21 posted on 01/15/2024 9:15:08 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: algore
If we that taxpayer paid for the research that created a patentable product, why should the taxpayer not get some benefit ?

I'm thinking the same thing, at the least we should get our investment back.

22 posted on 01/15/2024 9:24:50 AM PST by usurper (AI was born with a birth defect.)
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To: Red Badger

You take the King’s shilling…


23 posted on 01/15/2024 9:32:24 AM PST by AndyJackson
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To: Red Badger

we also begged the saudis to pump more oil after Biden insulted them


24 posted on 01/15/2024 9:39:38 AM PST by coalminersson (since )
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To: AndyJackson

You take the King’s shilling…

You do the King’s bidding........................


25 posted on 01/15/2024 9:43:22 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Tench_Coxe

There are no limits to tyranny...


26 posted on 01/15/2024 11:15:25 AM PST by SuperLuminal (Where is the next Sam Adams when we so desperately need him)
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To: Red Badger

biden/obama is a sick and mindless tyrant who wants to kill the golden goose!!


27 posted on 01/15/2024 11:16:01 AM PST by Honorary Serb (Kosovo is Serbia! Free Srpska! Abolish ICTY!)
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To: Publius; Billthedrill

A most excellent means to gain great insight and further understanding of Atlas Shrugged!

I commend it to EVERY FReeper!

A MUST READ!


28 posted on 01/15/2024 11:37:02 AM PST by Taxman ((SAVE AMERICA! VOTE REPUBLICAN IN 2024! SAVE AMERICA!))
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To: Red Badger

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.


29 posted on 01/15/2024 12:14:05 PM PST by null and void (I identify as a conspiracy theorist. My personal pronouns are told/you/so.)
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To: null and void

We live in a combination “Atlas Shrugged”, “1984”, “Brave New World”, and “Idiocracy”.........................


30 posted on 01/15/2024 12:16:31 PM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Taxman

Well gosh and shucks. You’re making me blush.


31 posted on 01/15/2024 12:24:51 PM PST by Publius
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To: Red Badger

32 posted on 01/15/2024 12:31:08 PM PST by null and void (I identify as a conspiracy theorist. My personal pronouns are told/you/so.)
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To: Publius; Billthedrill

Enjoy the fame!

And, the cash!

Y’all earned it!


33 posted on 01/15/2024 12:31:59 PM PST by Taxman ((SAVE AMERICA! VOTE REPUBLICAN IN 2024! SAVE AMERICA!))
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To: null and void

I would replace that stupid ‘Hunger Games’ with Atlas Shrugged....................


34 posted on 01/15/2024 12:33:11 PM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

That would have taken longer. But you’re right, Atlas Shrugged should be on the bottom...


35 posted on 01/15/2024 1:16:05 PM PST by null and void (I identify as a conspiracy theorist. My personal pronouns are told/you/so.)
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To: null and void

I finally saw one of the ‘Hunger Games’ on cable last week. Even though I like Jennifer Lawrence, the movie was stupid. I don’t plan on seeing any more of them..............


36 posted on 01/15/2024 1:18:01 PM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: algore

He who pays the piper, calls the tune.
I agree with you. There are consequences for actions. Perhaps a stake in the profits up to the amount the taxpayers ‘invested’ no more, no less. But as with all Dem schemes, they will reward their friends and punish their enemies. Same as it ever was. “The Vampire Economy”.


37 posted on 01/15/2024 2:11:13 PM PST by griswold3 (Truth, Beauty and Goodness. )
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To: Publius
Ok I have questions and I'm NOT being snarky asking them (for a change.)

I'll start with the most basic one after reading the summary of your and BillTheDrill's book:

If I can read your book and have each chapter summarized, pointing out what it is Ayn Rand is saying in plain language, why would I then bother reading the book? Were you aiming for the "Cliff's Notes" version of Atlas Shrugged, or a supplemental to it?

Please don't get me wrong: Not being snarky or a smartass (like I'd normally be) I'm really genuinely curious.

Personally, I like "the journey" of reading Ayn Rand and picking up something new that I might not have understood previously (not unlike my Bible) and having that "ah ha!" moment.

Last comment: I originally read Atlas Shrugged the first time in paperback. Loved it so much I bought it in hardcover. I do so enjoy reading the hardcover more than a paperback.

38 posted on 01/15/2024 5:06:37 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: usconservative
We're way beyond "Cliff's Notes." A lot has changed since the publication of "Atlas" in 1957, and many readers find things in the book to be strange to modern sensibilities. We go into detail about these things and provide the kind of social and financial history that you won't find in "Cliff's Notes."

If you read a chapter of "Atlas" followed by reading a chapter of our book, you'll get so much more out of "Atlas."

39 posted on 01/15/2024 8:15:57 PM PST by Publius
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To: Publius

Happy to support my fellow Freepers.


40 posted on 01/15/2024 8:19:51 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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