Coalition Against Socialized Medicine Statement on Biden-Harris Administration Plan to Use “March-in Rights” to Unjustly Seize Drug Patents

ALEXANDRIA, VA, December 11, 2023 – The Coalition Against Socialized Medicine, issued the following statements on the Biden-Harris administration announcement of its intention to seize patents held by pharmaceutical companies on drugs developed in partnership with the federal government.

Jack Kalavritinos, CPAC’s Executive Director of the Coalition Against Socialized Medicine, explained: 

“On Thursday, the Biden-Harris administration announced its intention to deploy ‘march-in rights’ to seize patents of certain taxpayer-funded drugs. The Administration is deliberately misinterpreting a narrow provision in the 43-year-old Bayh-Dole Act, intended to expand the availability of drugs not being marketed to the public, by confiscating the patents of drugs jointly developed by pharmaceutical companies and the federal government. President Biden seeks to enact drug price controls by inserting language that is wholly absent from the law. It is likely unconstitutional. But the precedent the Administration is setting will undoubtedly have disastrous economic implications for the creation of life-saving medications.”

Kalavritinos continued: “The White House’s blatant regulatory overreach will fundamentally disincentivize research and development of critical new treatments and cures by devaluing the key element of innovation: patents. Unfortunately, this is yet another cynical political move by President Biden that will directly harm millions of Americans in the long run.”

Thomas Bradbury, CPAC’s Policy Director, elaborated:

“Once again, the President and his political appointees put political considerations before sound healthcare policy. This is a sham move intended to give voters the false impression that the Administration is doing something on drug pricing. In reality, they are simply stealing intellectual property. Setting this precedent will send a clear message to those who develop new drug treatments: the federal government cannot be trusted. Using the power of government to steal someone’s ideas is the ultimate disincentive to future cooperation and partnership. There is no reason for anyone to work with the government on developing new treatments, making massive investments along the way, if Uncle Sam is going to steal the patents when it suits the whims of political hacks.”

The Coalition Against Socialized Medicine (CASM), a broad coalition of leading conservative groups including the Conservative Political Action Coalition (CPAC), Heritage Action, FreedomWorks, the National Taxpayers Union, Club for Growth, Citizens Against Government Waste, American Commitment, and the Committee to Unleash Prosperity. Its goal is to get the government out of healthcare and reinstitute market forces to improve outcomes and control costs.