'Practically and legally, making drugs available to the public on reasonable terms surely must mean making them available at a reasonable price.'
Contrary to popular belief, the government can take measures to protect Americans from exorbitant prices for that were invented with U.S. taxpayers' dollars. It can, for example, march-in on the drug's patents and license them to a generic manufacturer, if the drug is not available to the public at a reasonable price.
The Bayh-Dole Act of 1980 states that the government may march in on a federally-funded invention if, among other reasons, a rights holder fails to achieve"practical application" of the invention. This reality, however, is rooted firmly in the plain language of existing federal law, and three words in particular. The Bayh-Dole Act of 1980 states that the government may march in on a federally-funded invention if, among other reasons, a rights holder fails to achieve"practical application" of the invention.
The words"on reasonable terms" clearly matter. This is the inconvenient truth that march-in opponents hope to avoid through deflection. In his recent , Joseph Allen goes the deflection route again. For decades, Allen has inserted himself into this controversy by publicly opining that the meaning of the Bayh-Dole Act was conclusively resolved by a
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