Letter to Congress Correcting False Claims About Bayh-Dale Act and § 1498 on Drug Price Controls

September 29, 2023

On September 28th, 2023, a letter was sent to the Senate Health, Education, Labor and Pensions Committee, the Chair and Ranking Member of the House Ways and Means Committee, and to Secretary Becerra correcting false claims that the federal government can use the Bayh-Dole Act or § 1498 to impose price controls on prescription drugs.

The letter is signed by 25 scholars, former judges, and former government officials, including Judge Paul Michel, Judge Randall Rader, Judge Kathleen O’Malley, Judge Susan Braden, the Honorable Andrei Iancu, the Honorable Walter Copan, and the Honorable Ronald Cass. It also includes leading scholars and patent and healthcare law experts, such as Jonathan Barnett, Richard Epstein, Emily Morris, Kristen Osenga, and Ted Sichelman, among many others.

Download the letter here: Letter to Congress – Bayh-Dole and 1498 Not Basis for Price Controls on Drug

Understanding the U.S. Biopharmaceutical Innovation Ecosystem

August 15, 2024

By Sujai Shivakumar, Tisyaketu Sirkar, and Jeffrey Depp Introduction The biopharmaceutical innovation system—which brings novel, life-improving, and life-saving therapies from the researcher’s bench to a patient’s bedside—is a major engine powering health improvements, economic output, and wealth creation in the United States. But while the commercial and national security competition with China has

Explainer: Standard Essential Patents and National Security

July 10, 2024

By Christopher Borges Technology standards are a critical domain of international cooperation and competition in high technology. Standards create a common language for communication about technology and innovation, allowing firms to collaborate and develop interoperable products. At the same time, for some critical and emerging technologies such as telecommunications and artificial

Assessing the Patent and Trademark Office’s Inventorship Guidance for AI-Assisted Inventions

June 3, 2024

By Alexander Kersten As new applications of artificial intelligence (AI) become more sophisticated, AI tools are increasingly used to assist in the process of invention. However, given that inventorship is limited to natural persons under U.S. law, AI’s growing utilization has raised questions around whether AI-assisted inventions should receive patents,