You'd be hard-pressed to find someone that opposed making innovative drugs more affordable. Indeed, President Joe Biden said as much in his State of the Union address and proposed a solution. But, he and lawmakers do not have the votes to pass drug price control legislation. So instead, as an end-run, some lawmakers and activists have asked the Department of Health and Human Services (HHS) to misuse a provision in the Bayh-Dole Act of 1980 to seize patent rights to a prostate cancer drug.
These lawmakers and activists seek to use the Bayh-Dole Act of 1980 and its so-called "march-in" authority, which — in very limited circumstances — permits the government to reclaim the patents on products that were invented, in part, thanks to federal funding. Cost concerns aren't one of those circumstances.