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
A long time coming: Oak Lawn wins first conference title in 39 years
Spread the loveBy Steve Millar Correspondent After a 39-year wait and some near-misses in recent seasons, Oak Lawn is finally bringing home a conference championship. The Spartans sealed their first South Suburban Red title, and first conference championship of any kind since winning the SICA West in 1982-83, by pulling out a dramatic 48-45 road…
Trying to see the sunny side of life
Spread the loveBy Joan Hadac Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • joan.hadac@gmail.com Hi everyone. I hope you’re doing well. Coming up is one of my favorite months, and it’s not for the reason you think. Yes, Valentine’s Day is special, but I like the fact that I see more sun, more daylight…
Newman backs Starbucks unionization
Spread the love U.S. Rep Marie Newman (D-3rd) recently stood with those who support unionization of Starbucks workers, outside its shop in nearby La Grange. She called unionization “the moral, correct and right thing to do.” Workers are attempting to organize under the banner of Chicago and Midwest Joint Board, Workers United, an affiliate of the…
A new look for an old friend
Spread the loveBy Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 The West Lawn Branch Library, 4020 W. 63rd St., is finally open. I visited on their re-opening day. The library has a more open and airy feel. It is fresh and clean. The walls have been painted and there is new carpeting. The…
So long, and see you around
Spread the loveBy Karen Sala Your correspondent in Gage Park (773) 471-1429 • karen.sala@hotmail.com Baby, it’s cold outside. It’s almost the end of January. I am so ready. I can’t wait for spring to get here. The only good thing about winter is when it’s over. However, I do like cooking and baking in the winter.…
It truly is a small world
Spread the loveBy Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 I have been attending St Rita Church for many years now. In that time, I have come to know many people who are now or have been a part of the parish. Some I knew because…
Jobs opportunities abound
Spread the loveBy Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 284-7394 “Heigh-ho, Heigh-ho, it’s off to work we go…it ain’t no trick to get rich quick,” as the dwarfs sang in Snow White and the Seven Dwarfs. If you are looking for employment, there seems to…
Clearing carjacker/kidnapper still at large
Spread the loveSenior citizen forced into her own car, loses $1,200 By Tim Hadac More than three weeks after an elderly woman was carjacked and kidnapped in Clearing, police have not made an arrest in the case. The crime occurred at about 4 p.m. on New Year’s Day. A 75-year-old Clearing woman was clearing snow…
Lyons man is climbing Mount Kilimanjaro
Spread the loveBy Steve Metsch While you’re reading this story, Lyons resident Stephan Alheim will be busy climbing the tallest mountain in Africa. Alheim is one of 10 adventurers who this week are climbing to the top of Mount Kilimanjaro, which is 19,341 feet tall. They started climbing Jan. 23 and are expected to reach…
Willow Springs expected to hire Lyons official as village administrator
Spread the loveBy Steve Metsch Ryan Grace, public works director in Lyons for the past four years, is expected to be hired as the Willow Springs village administrator tonight. The village board is expected to approve his hiring during its 7 p.m. meeting. Grace, 38, said he was offered the job by Willow Springs Mayor…
Neighbors
Nothing NU at SeatGeek
Spread the loveBy Jeff Vorva Correspondent There was speculation that because of the renovations being done at Ryan Field, Northwestern would schedule a few football games at SeatGeek Stadium in Bridgeview this fall. The Wildcats announced their schedule and no home games are listed at SeatGeek, but the situation is still fluid. They are opting…
SXU puts up fight in softball nationals
Spread the loveBy Jeff Vorva Correspondent The Saint Xavier softball team played three nailbiters in the opening round of the NAIA Tournament. But the end result was a 1-2 record to eliminate the Cougars from advancing. SXU (28-14) opened the tournament by nipping Bellevue (Nebraska) 5-4 in Sioux City, Iowa on May 13. Alexus Reese…
Red Stars’ Naeher misses loss to Gotham
Spread the loveBy Jeff Vorva Correspondent The world’s best kept secret is still a mystery. The Chicago Red Stars are not releasing information to the public about the severity of a thigh injury or the status of world-class goalie Alyssa Naeher. What is known is that she did not play in a 2-1 loss to…
Summer calendar filling up quickly
Spread the love. By Patti Tyznik Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • ptyznik@gmail.com . Summer is rapidly approaching, and the neighborhood is geared up for lots of great summer fun and activities. The Midway Chamber of Commerce’s farmer’s market will be opening on Wednesdays at the end of May through September…
Shepard’s Kyla Motley cruises to two medals at girls state track finals
Spread the loveBy Jeff Vorva Correspondent Shepard junior Kyla Motley medaled in two events in the Class 3A girls state track and field meet, the finals for which were held May 18 at Eastern Illinois University in Charleston. Motley finished fourth in the long jump with a leap of 18 feet, 4 inches. She finished…
Boys Tennis | Lyons’ Jack McLane and Mason Mazzone win sectional doubles title
Spread the loveBy Jeff Vorva Correspondent The area produced a handful of boys tennis state qualifiers, but only one entry is headed to state as a sectional champion. At the Class 2A Lyons Sectional, the Lions’ Jack McLane and Mason Mazzone were doubles champs. The state meet opens May 23 at various sites in the…
Water Polo | Lyons boys win third state title; girls finish 3rd
Spread the loveBy Jeff Vorva Correspondent The best matchup of the IHSA boys water polo state tournament was arguably in the quarterfinals. That battle between Lyons and New Trier could have been considered the real state championship match. But no matter what, the Lions are state champions. Heading into the postseason, Lyons had just three…
Golf is for all at Marquette Park
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . Last week we began by talking about how golf season is in full swing at Marquette Park. What if you have thought about playing, but have never played before? There are three programs at Marquette,…
Legislation to acquire new police district facility on Southwest Side passes General Assembly
Spread the love. Porfirio, Guerrero-Cuellar measure heads to Pritzker’s desk . From staff reports State Senator Mike Porfirio (D-11th) and State Rep. Angelica “Angie” Guerrero-Cuellar (D-22nd) recently passed legislation in the General Assembly to acquire a new police district facility representing their districts on the Southwest Side. The bill passed both chambers with veto-proof margins.…
Lyons water polo teams splash to state
Spread the loveBy Jeff Vorva Correspondent Both of Lyons water polo team qualified for the state quarterfinals. Lyons’ girls water polo team won its own sectional by beating Mother McAuley, 13-9, in the title game on May 11. The Lions will face York in the state quarterfinals on May 17 at Stevenson High School in…