Bipartisan lawmakers oppose use of Bayh-Dole for price controls

Bipartisan lawmakers weigh in on NIST’s proposal to use Bayh-Dole to control drug prices, and USDA research highlights the impact of biotech on farm productivity. (487 words, 2 minutes, 26 seconds)

Bipartisan lawmakers oppose use of Bayh-Dole for price controls

A proposal to use the Bayh-Dole Act to control prescription drug prices would have “serious unintended consequences” on America’s innovation ecosystem, say bipartisan lawmakers in a Feb. 21 letter to President Biden.

What’s happening: The National Institute of Standards and Technology (NIST) proposes using march-in rights to give patents of drugs developed with federal funding to a third party if the drug price is deemed too high.

The Bayh-Dole Act “allows universities and other federal funding recipients to protect their discoveries with patents that they, in turn, license to private companies that further invest funds to transform the discoveries into new commercial products,” says the letter, led by Sens. Chris Coons (D-DE) and Thom Tillis (R-NC) and U.S. Reps. Darrell Issa (R-CA) and Jake Auchincloss (D-MA).

The government can “march in” and give away patents in very specific circumstances—but using this to control prices has been rejected by every Republican and Democratic administration (including Biden’s in March 2023).

Why it matters: “Under the proposed framework, entrepreneurial startups and small companies across industries—from green technology and precision agriculture to advanced computing and semiconductors—would be subject to march-in petitions challenging their pricing decisions by rival businesses and even our foreign competitors and adversaries,” deterring private investment necessary to commercialize research, write the 28 lawmakers.

“American innovation is the envy of the world thanks in large part to the Bayh-Dole Act,” they conclude. “The draft framework will hamstring U.S. innovation to the advantage of our competitors and adversaries, and thus, we urge you to reconsider the NIST proposal.”

BIO agrees—read more about the NIST proposal and BIO’s comments at Bio.News.

The Stanford Biodesign Policy Program is conducting a survey to explore the implications of current policies on the future of the biotechnology innovation ecosystem and patient care.

You are invited to contribute to this anonymous survey, which should take less than 10 minutes to complete. The results of the survey are intended for publication to help inform policymakers. All biotech investors, industry members, scientists, and innovators are invited to participate.

If you wish to add your voice to these results, click here to take the survey.

Biotech could triple farm production, says USDA

Biotech and other technologies allowed farm productivity to grow by 190% between 1948 and 2021, while inputs decreased, according to recent research by the U.S. Department of Agriculture.

A simple chart tells the story: Total production and productivity have nearly tripled.

The major driver: “innovations in animal and crop genetics” tops USDA’s list of improvements behind growing total factor productivity—a measure of how inputs impact production output.

Here’s how: USDA research highlights the impact of genetically engineered seeds that provide resistance to insects, fungi, drought, and herbicides.

Corn is a key example: A USDA report explains how genetically engineered seeds boosted corn production:

• Corn seeds can be planted more densely and earlier in the season
• Producers expand cultivated acreage with drought- and pest-tolerant varieties.
• Drought-resistant seeds require less irrigation.
• Pest-resistant seeds require less insecticide.

Read more on Bio.News.

President Biden’s Thursday: Continuing campaigning in California before returning to the White House tonight. Meanwhile, the Biden administration pledged to invest $100 million in women’s health research during an event yesterday with First Lady Jill Biden, Axios reports.

What’s Happening on Capitol Hill: Recess.