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COVID-IP: staring down the Bayh-Dole Act with 2020 vision

Jordan Paradise1

  • 1Beazley Institute for Health Law & Policy, Loyola University Chicago School of Law, Chicago, IL 60611, USA.

Journal of Law and the Biosciences
|October 9, 2020
PubMed

Insights

The Bayh-Dole Act impacts access to COVID-19 treatments. This article examines using government march-in rights to address patent concerns and ensure affordable access to life-saving innovations.

Area of Science:

  • Biomedical Innovation
  • Public Health Policy
  • Intellectual Property Law

Background:

  • The COVID-19 pandemic highlights uncertainties in prevention, detection, and treatment timelines.
  • Concerns exist regarding the cost of approved products and access barriers imposed by the patent system.
  • Collaborations between industry, government, and academia are driving discovery efforts.

Purpose of the Study:

  • To examine the implications of the Bayh-Dole Act on innovation and access to medical products.
  • To analyze the calls for utilizing federal "march-in rights" during the COVID-19 pandemic.
  • To reflect on the purpose and impact of the Bayh-Dole Act in the context of public health.

Main Methods:

  • Review of the Bayh-Dole Act and its legislative history.
  • Analysis of current discourse surrounding government march-in rights.
  • Examination of patent law's role in accessing therapeutic compounds, delivery methods, and diagnostics.

Main Results:

  • The Bayh-Dole Act has shaped patent protections for federally funded research for 40 years.
  • The COVID-19 crisis has intensified debate over innovation incentives versus public access.
  • Patent rights significantly influence the cost and accessibility of essential medical innovations.

Conclusions:

  • The COVID-19 pandemic presents a critical juncture to reassess the Bayh-Dole Act's balance between innovation and accessibility.
  • Governmental march-in rights are being considered as a mechanism to mitigate patent monopolization and pricing concerns.
  • The long-term implications for public health access hinge on the effective management of intellectual property rights for pandemic-related innovations.
Keywords:
food and drug lawintellectual property

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