Feb 24, 2017 – U.S. History, Experiences, and Prospects of Compulsory Licensing of Medical Patents


On Friday, February 24, 2017, KEI hosted a meeting exploring compulsory licensing in the United States.

Title: History, Experiences, and Prospects of Compulsory Licensing on Medical Patents in the United States
Date: Friday February 24, 2017
Location: Kaiser Permanente Center for Total Health
700 Second St. NE (near Union Station)
Washington, DC 20002

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NIH to taxpayers — we don’t care about high prices in US for Xtandi

National Institutes of Health Declines to Exercise Authority to Lower Xtandi Price
The National Institutes of Health will not use its rights under the Bayh-Dole Act to end the monopoly on the expensive prostate cancer drug Xtandi and allow low-priced generic versions to compete on the market.
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Birch Bayh’s competing interests and evolving views

The 1980 Bayh-Dole Act is named after two former US Senators, Birch Bayh and Bob Dole. In 2002 both claimed the Bayh-Dole Act march-in provisions were not intended to address cases where prices for inventions are unreasonable, and Senator Bayh repeated this view during a 2004 march-in case involving Abbott patents on ritonavir.

Among the provisions of the Act that suggest otherwise are the following:

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Bayh-Dole Timeline

For more information, KEI general page on the Bayh Dole Act, or one of the mini Bayh-Dole timelines, such as the ones on transparency, march-in rights or royalty free uses. TIMELINE 1980 1980. October 21. Public Law 96-480. Stevenson-Wydler Technology… Continue Reading

July 6, 2001 letter from DHHS Secretary Tommy G. Thompson letter to Ralph Nader Regarding WHO rights to use inventions funded by the NIH

July 6, 2001 Mr. Ralph Nader P.O. Box 19312 Washington, D.C. 20036 Dear Mr. Nader: I am writing in response to the letter from you and your colleagues requesting that the Department of Health and Human Services (HHS) grant the… Continue Reading

March 28, 2001 letter from Ralph Nader, James Love and Robert Weissman to HHS Secretary Tommy Thompson, regarding WHO right to use NIH funded inventions

Ralph Nader P.O. Box 19312 Washington, DC 20036 James Love Consumer Project on Technology P.O. Box 19367 Washington, DC 20036 Robert Weissman Essential Action P.O. Box 19405 Washington, DC 20036 March 28, 2001 Secretary Tommy Thompson Department of Health and… Continue Reading