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.

Lou Berneman is the founding partner emeritus of Osage University Partners (OUP.vc). Previously, Lou was managing director of UPenn CTT. This piece was originally published in PennLive.