Giving The Gov’t Drug Patent March-In Authority Is Bad Policy

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In early December, the Biden administration announced a proposal on exercising march-in rights on taxpayer-funded drugs and other inventions that allows prices to “be a factor in considering whether a drug is accessible to the public.” This is a terrible idea.

As the Congressional Research Service summarized, it is an unsettled question whether high prices can be used to justify the government’s use of march-in authority — a question that may ultimately be litigated should the rule be finalized. Unlike the legal issue, there is no question regarding the adverse economic and health consequences of this proposed rule.

Click to read the full article in Law360.

Nothing contained in this blog is to be construed as necessarily reflecting the views of the Pacific Research Institute or as an attempt to thwart or aid the passage of any legislation.

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