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

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

The Use of March-In Rights Could Undermine Innovation and National Security

By Hideki Tomoshige and Sujai Shivakumar By accelerating new products to market, the nation’s innovation system—a network of interconnected activities across university researchers, small and large businesses, and venture capital and other financial organizations, among other actors—enhances economic growth, competitiveness, and national security. Securing the future of this innovation system
Read More

Intellectual Property Rights in the U.S.-China Innovation Competition

By Chris Borges The United States is engaged in a competition for technology and innovation leadership with China, with both nations making significant investments in their domestic innovation systems while seeking to undermine the other’s innovation system. The United States, for instance, has implemented export controls and investment restrictions to slow China’s
Read More

Informing the Innovation Policy Debate: Key Concepts in Copyright Laws for Generative AI

By Julia Yoon and Chris Borges Since OpenAI released ChatGPT to the public in November 2022, the use of and investment in generative artificial intelligence (AI) has exploded. Companies have released dozens of new models that can create text, images, sound, and even video, while investments in generative AI quintupled from
Read More