Walter G. Copan
Gov’t. meddling may kill scientific research
By Walter G. Copan
Bureaucrats are debating whether to take away patent rights on Xtandi, a prostate cancer drug, from its manufacturer. Activists have complained that the medicine’s price is too high. They argue that because the molecule behind the drug originated in a research lab that received federal funding, the government has the power under the Bayh-Dole Act of 1980 to “march in” and relicense the patent to other drug companies that could create cheaper versions.
That’s not only a misreading of the law — it’s a disastrous idea that could effectively destroy the legal foundation for the public-private research partnerships that bring new products to American consumers.
The Bayh-Dole Act allows universities, research institutes and small businesses to invent, to own and license patents from their research — specifically from research supported by federal funding. Prior to Bayh Dole, the federal government held those patent rights — and bureaucrats rarely licensed any patents to companies capable of turning good inventions into tangible products.
Public-private partnerships nurtured by Bayh-Dole have led to the formation of over 15,000 startup companies and contributed almost $2 trillion to the U.S. economy. Researchers estimate that the law’s technology transfer provision supports nearly 6 million American jobs.
The law requires any company that licenses these patents to make a good-faith effort to develop them and produce real-world products. If a company licenses a patent, but then just sits on it — rather than investing what’s necessary to bring it to market — the government can “march in” and relicense the patent to a firm that’s willing to do that hard, expensive work.
But activists are now calling on the government to use those march-in rights as a de facto price control, and march in simply because they believe a product costs too much.
However, Bayh-Dole’s march-in power was never intended to be used to micromanage prices from Washington.
Many university inventions come to market through startups, involving significant personal and financial risk. However, if their property rights are not secure, entrepreneurs will eventually fail. If a firm is finally successful and then the government can just strip away their rights over a price dispute, few firms thereafter would ever take the risk of licensing university research that involved even a dime of federal funding.
This isn’t theoretical. In the late 1980s, the National Institutes of Health imposed a so-called “reasonable price clause” for all public-private collaboration agreements. As soon as the rule went into force, the bottom fell out of these partnerships.
The effects of the rule were so disastrous that NIH Director Harold Varmus scrapped the policy in 1995, saying that it had “driven industry away from potentially beneficial scientific collaborations.” The year after this “government price control” provision was repealed, the number of public-private cooperative agreements more than doubled.
We shouldn’t repeat the same mistake, especially on the heels of a pandemic that demonstrated the crucial role that technology transfer plays in developing vaccines and therapeutics as fast as humanly possible. If the Biden administration fails to protect the Bayh-Dole Act, it could spell disaster for American consumers and workers alike.
Walter G. Copan, PhD, is the former director of the National Institute of Standards and Technology. He currently serves as vice president for research and technology transfer at Colorado School of Mines as well as Senior Advisor & Co-Founder at the Renewing American Innovation Project at CSIS. This piece originally ran in the Denver Post.
Local News
Work moving forward at Marquette Park
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . In the March 29 edition of the Greater Southwest News-Herald, I wrote a story about a town hall meeting at Marquette Park, we learned of some of the upcoming plans the Park District has for…
Sophia Smith’s brace sinks Red Stars
Spread the loveBy Jeff Vorva Correspondent Home has not been that sweet lately for the Chicago Red Stars. The team lost its second straight game at SeatGeek Stadium with a 2-0 setback to Portland in front of an announced crowd of 4,443 on April 27. Portland star Sophia Smith scored in the 10th and 26th…
Nazareth Academy celebrates ‘special talent’ J.J. McCarthy in NFL Draft
Spread the loveBy Steve Metsch Dennis Moran has no doubts that J.J. McCarthy – the former Nazareth Academy quarterback who is now with the Minnesota Vikings – will succeed in the National Football League. Moran was among about 60 or so Nazareth Academy fans, friends and coaches who gathered Thursday night at The Stadium Club…
Brother Rice names Al Perez next soccer coach
Spread the loveBy Jeff Vorva Correspondent A few new coaches are dotting the area high school athletic scene. One of the more notable hires was Brother Rice bringing Al Perez aboard as the soccer coach. Perez led Chicago Public League power Washington to a Class 2A state championship in 2013, a fourth-place finish in 2015…
Police Council rallies to save ShotSpotter
Spread the love. By Alexis Bocanegra Your correspondent in Clearing and Garfield Ridge (773) 949-1509 • grcl.alex23@gmail.com . Chicago Lawn (8th) District Police Council members Mark Hamberlin, Al Cacciottolo and Jason Huff have created an online petition to save ShotSpotter. As you may have read in the Clear-Ridge Reporter & NewsHound back in March, Mayor…
Capacity crowd speaks out against Evergreen Park dispensary
Spread the loveBy Joe Boyle Additional chairs had to be brought out to seat an overflow crowd of Evergreen Park residents who attended a meeting April 15 regarding a proposed cannabis dispensary for the village. And many who were in attendance voiced their opposition to having a dispensary in Evergreen Park. Most of the people cited…
Countryside puts dog park on hold, will require leashes in two parks
Spread the loveBy Steve Metsch The city of Countryside has put on hold building a dog park, but canines and their owners are still in store for a treat. The city council has unanimously approved a plan to permit dogs in City Park and Countryside Park this year. Previously, they were not allowed in the…
Bridgeview approves auto repair shop
Spread the loveMoves up time for May 1 village board meeting By Steve Metsch Bridgeview is getting a new automotive repair shop. The village board at its April 17 matinee meeting approved a special use permit that will allow a repair shop at 9010 S. Beloit Ave. There was no discussion among trustees. The board…
Summit Fire Department blood drive draws a crowd
Spread the loveBy Carol McGowan The Summit Fire Department, along with the Village of Summit, and the Argo Summit Lions Club held a blood drive this past Saturday, and it drew a crowd that even impressed the American Red Cross. It took place from 9 a.m. until 2 p.m. with non-stop donors walking through the…
Neighbors
Man charged with child abduction in Stickney Township
Spread the loveFrom staff reports A Chicago man was charged last week with child abduction and luring of a minor after Cook County Sheriff’s Police detectives found he attempted to lure a minor into his vehicle, said Cook County Sheriff Thomas J. Dart. According to police, about 4:43 p.m. on Monday, April 22, officers responded…
Worth Library celebrates 60th anniversary
Spread the loveBy Kelly White The Worth Public Library has been around for decades. Resting in the heart of the village at 6917 W. 111th St., the library held an event focusing on its rich background story on April 23 with a historical photo exhibit. “It’s amazing because this library is still so important to…
Rose Zubik, Woman’s Club veteran, installed as 3rd District president
Spread the love Rose Zubik, of Palos Heights, the new president of the 3rd District General Federation of Women’s Clubs-Illinois, lights a candle during the installation ceremony held April 27 at Fox’s Restaurant in Orland Park. Heather Linehan, the outgoing president, is beside her.By Dermot Connolly A longtime member of the Palos Heights Woman’s Club…
Shots fired in Chicago Ridge Commons parking lot
Spread the loveFrom staff reports Shots were fired Wednesday night in the parking lot at Chicago Ridge Commons mall. Police said they received reports of the shooting about 9:45 p.m. No injuries were reported. Multiple witnesses told police four men were walking through the parking lot from the XSport Fitness area. They approached two vehicles…
Hair salon with a ‘flair’ marks first year in Chicago Ridge
Spread the loveBy Joe Boyle Melissa Kowalski wanted to do something meaningful to mark the first-year anniversary of her Flair With Hair Salon in Chicago Ridge. “We did not have a grand opening last year so I wanted to do something really special,” Kowalski said. “We wanted to say thank you to our clients.” Kowalski,…
Palos East fifth-grader wins Scholastic Storyworks writing contest
Spread the loveGabriel Chowaniec, a fifth-grader at Palos East Elementary School, has been named a winner of the Scholastic Storyworks Magazine writing contest. Gabriel, who is a student in Cathy Casey’s fifth-grade classroom, was named one of only five winners nationally for the December 2023/January 2024 competition. Garbriel’s submission for the nonfiction story “The Shattered Land,” “showed a strong understanding of the text along with the ability to author a well-organized…
Shepard celebrates Autism Week
Spread the loveBy Kelly White World Autism Acceptance Week is organized by the National Autistic Society in the first week of April and aims to raise awareness about the challenges autistic people face across all areas of society. Not missing out the opportunity to celebrate all-inclusion was Shepard High School, 13049 S. Ridgeland Ave., Palos…
Billions of cicadas get ready to raise a racket
Spread the loveBy Kelly White If you haven’t heard the buzz yet, you will soon. With 2024 marking a big year for periodical cicadas in Illinois, billions of the red-eyed buggers will soon be making an appearance. Periodical cicada broods XIII and XIX will be emerging throughout much of the state at the same time.…
‘A man of honor, a beacon of kindness’
Spread the love. Chicago weeps for Officer Luis Huesca . By Tim Hadac People across the Southwest Side shed tears earlier this week, as throngs of police officers and other filled the St. Rita of Cascia Shrine Chapel at 77th and Western for a funeral Mass for CPD Officer Luis M. Huesca. Officer Huesca was…