For the first time, officials can now factor in a medication’s price in deciding to break a patent.
The administration unveiled a framework outlining the factors federal agencies should consider in deciding whether to use a controversial policy, known as march-in rights, to take patents for drugs developed with taxpayer funds and share them with other pharmaceutical companies if the public cannot “reasonably” access the medications.
The administration will “make it clear that when drug companies won’t sell taxpayer-funded drugs at reasonable prices, we will be prepared to allow other companies to provide those drugs for less,” Lael Brainard, White House national economic advisor, told reporters
The public that subsidizes a drug should be able to purchase that drug at reasonable prices. Otherwise, the patent should be broken.
These are drugs that were subsidized by the taxpayer. The taxpayer is owed fair pricing for their own share of the work. Competition is the best mechanism to that end.
In a vacuum yes, the great Stephan Kinsella laid out all the best reasons to end government protections of the mythical beast that is intellectual property. What hasn’t been suggested or defended is handing over patents to government so that politically favored patrons can make use of, and profit from them.
Biden is showing that if a pharmaceutical company makes a break through, the government may very well come in and take it. Now…do you think this increases or decreases that force to accomplish medical breakthroughs?
