End Of The 'March-In' Pricing Petitions?
Executive Summary
KEI vows to continue battle over Bayh-Doyle restrictions after US Commerce Department suggests it may issue regulations to exclude pricing as a basis for requiring companies to license their patents.
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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.
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.
Patent ‘March-In’ Policy Shift Will Likely Drive Uncertainty More Than Price Drops
Biden administration’s new framework will consider whether a product’s price is reasonable in deciding whether to exercise march-in rights. Numerous other factors could limit provision’s impact, but industry is concerned it will discourage firms from licensing government-funded inventions.