KEI Comment to NIST on Bayh-Dole Rights and Cases of Mixed Patent Landscapes

KEI submitted comments to the National Institute of Standards and Technology (NIST) in response to the Request for Information regarding the “Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights” (88 FR 85593) concerning Bayh-Dole rights and the… Continue Reading

166 contracts disclosed in SEC filings include authorizations to use U.S. patents without consent from patent holders

On 12 October 2022, Knowledge Ecology International (KEI) published a briefing note on the U.S. federal government FAR 52.227-1 authorizations (for non voluntary use of patents) disclosed in 166 SEC exhibits. KEI Briefing Note 2022:2, Federal government FAR 52.227-1 authorizations… Continue Reading

Unreasonable pricing and the “Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020”

For more on KEI’s work on COVID-19, see keonline.org/coronavirus. The “Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020’’ will provide welcome funding to deal with the expanding COVID-19 pandemic. The current language on affordability (this Draft text), however, is worse… Continue Reading

Rep Doggett amendment proposed the use of 28 USC 1498 in negotiations for affordable treatments to reverse opioid overdoses

On Wed, May 16, 2018, the House Ways & Means Committee held a markup on HR. 5773, a bill dealing with the opioid crisis, which would require Medicare prescription drug plans to establish drug management programs for at-risk beneficiaries. Representative… Continue Reading

Compensation under 28 USC §1498

More on 1498 here: https://www.keionline.org/cl/28usc1498 There is a discussion of compensation under 28 USC §1498 in Remuneration Guidelines for Non-Voluntary Use of a Patent on Medical Technologies. UNDP and World Health Organization. 2005 (pages 18-21 in the UNDP edition, and… Continue Reading

18 members of the House of Representatives call for compulsory license on patents for HCV treatments

Representative Ro Khanna (D-CA-17) was joined by 17 other members of Congress in calling upon Department of Health and Human Services Secretary Alex Azar to issue a compulsory license on patents for medications to treat hepatitis C, by exercising 28… Continue Reading

Senator Bernie Sanders proposal to expand Veterans access to patented medical inventions

This is a video by Zack Struver about Senator Bernie Sander’s proposal to expand Veterans access to patented medical inventions. The video discusses both the proposal by Senator Sanders to give the U.S. Department of Veterans Affairs the authority to use compulsory licenses on patents on medical inventions, including drugs, and the history of “government use” provisions in current U.S. statutes, including 28 U.S.C. 1498, which Sanders proposes modifying.

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Sanders offers amendment to create compulsory licenses on medical inventions, for veterans

On Wednesday, July 22, 2015, the Senate Veterans Committee held a mark-up to consider several bills. During the mark-up, Senator Sanders offered an amendment, attached below, that would create a compulsory license mechanism in the Department of Veterans Affairs, for patents on medical inventions. (See amendment text below). The motivation for the amendment was a crisis in the VA involving access to drugs for the hepatitis C virus (HCV).

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