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
Pickleball courts coming to Palos Park
Spread the loveBy Jeff Vorva There will finally be outdoor pickleball in Palos Park. In a process that went longer than anticipated, the Palos Park Village Council was able give the green light to get a pickleball project started on the Village Green. The council voted April 8 to award the contract to U.S. Tennis…
First Secure Bank to host American Eagle gold coin sale
Spread the loveFrom staff reports First Secure Bank & Trust of Palos Hills announced its annual May sale of 1-ounce and ¼-ounce American Eagle Gold Coins, produced by the U.S. Mint, will take place from 10 a.m.to noon on Saturdays, May 4, May 11, May 18 and May 25. The sale will take place at…
Donate teddy bears to our local police
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Have you ever seen the 1955 movie The Night of the Hunter? The children in this movie show such bravery and acceptance in what life has thrown at them. They have to deal with unimaginable events and sadness. …
Boy Scouts collecting tattered flags for disposal
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Goodbye April, hello May. Our American Flag, the symbol of our country, should always be treated with respect. But after bearing Chicago’s brutal winters and hot blazing summers along with being in the…
Oak Lawn trustee says village needs state grocery tax
Spread the loveBy Joe Boyle An Oak Lawn trustee said that Gov. J.B. Pritzker’s proposal to eliminate the state’s grocery tax will be costly for the village. Trustee William “Bud” Stalker (5th), accompanied by Mayor Terry Vorderer, recently returned from a fact-finding trip to Springfield where they learned more about the governor’s proposal to eliminate…
Palos Heights recognizes volunteers
Spread the loveBy Nuha Abdessalam Palos Heights handed out awards last week recognizing the services provided by volunteers through the years. The proclamations, which were read aloud during the city council meeting April 16, were a testament to the city’s volunteers and were handed out as part of Volunteer Recognition Week. Volunteers were cited for…
Boys Volleyball | Richards weathering struggles after run of success
Spread the loveBy Xavier Sanchez Correspondent After a tough weekend at the Smack Attack tournament, Richards got back into the win column with a two-set victory over Eisenhower in a South Suburban Red match. The Bulldogs made quick work of the Cardinals, winning 25-16, 25-15 on April 23 in Oak Lawn to snap a five-match…
SD218 puts on annual Arts Extravaganza
Spread the loveBy Kelly White The arts have become a major portion of the curriculum Community High School District 218. Showcasing those many talents, the Friends of CHSD 218’s Education Foundation proudly hosted its 15th annual Arts Extravaganza on April 5 at Eisenhower High School in Blue Island. “The Arts Extravaganza is a great event…
Gaming licenses to be tougher to get in Orland Park
Spread the loveBy Jeff Vorva It’s going to take longer to receive gaming licenses in Orland Park. The village board passed an ordinance April 15 that would allow table service businesses open at least 36 consecutive months to apply rather than the previous 18 months, and extended the probationary period to 18 months instead of…
Neighbors
Baseball | Marist claws way back to .500
Spread the loveBy Xavier Sanchez Correspondent This season has thus far not been what Marist had expected, but the RedHawks came into this week at .500. Marist was 2-8 after 10 games this season, with three of those first eight losses coming via shutout. But the RedHawks turned things around with a stretch of eight…
Red Stars fall to Spirit for third loss in past four matches
Spread the loveBy Jeff Vorva Correspondent After enjoying one of their best starts in franchise history, the Chicago Red Stars have slid to the middle of the NWSL standings, with the latest setback being a 4-2 loss to Washington at SeatGeek Stadium. The Stars (3-3-1) entered this week having dropped three of their past four…
Red Stars take aim at NWSL attendance record with Wrigley game
Spread the loveBy Jeff Vorva Correspondent The Chicago Red Stars are thinking big when it comes to their upcoming game at Wrigley Field. The team is taking aim at the NWSL record for single-game attendance when it hosts Bay FC at the historic home of the Chicago Cubs on June 8. The record is held…
IHSA announces boys volleyball postseason assignments
Spread the loveBy Jeff Vorva Correspondent Last year, the area sent a pair of boys volleyball teams to state as Lyons finished runner-up to champion Glenbard South and Brother Rice lost in the quarterfinals. This year, both could face each other in the sectional finals. The Lions picked up the second seed and the Crusaders…
Badminton players from Reavis and Lyons going to state
Spread the loveBy Jeff Vorva Correspondent Reavis singles player Dania Amjad finished third in the Bolingbrook Sectional on May 2 to qualify for the IHSA state tournament. The Lyons doubles team of Simone Brown and Mia Graziano finished fourth in the York Sectional to qualify for state. The state finals are May 10-11 at DeKalb…
Brother Rice, Sandburg sending boats to bash fishing state tourney
Spread the loveBy Jeff Vorva Correspondent Brother Rice is sending two boats to the IHSA state bass fishing tournament. The Crusaders had first- and third-place finishes at the Des Plaines River Big Basin Marina Sectional on May 2. Sandwiched in between the Brother Rice boats was a group from Sandburg in second place. The Crusaders’…
Lions Club District 1A Helen Keller race draws big field
Spread the loveBy Kelly White The damp weather from overnight rain did not deter more than 100 people on Sunday morning from getting some exercise. The 14th annual District 1A Helen Keller 5k Fun Run/Walk proudly took place along at Harold L. Richard’s High School, 10601 Central Ave., Oak Lawn. “This is a really great…
EPCHS students collect shoes for Christmas Without Cancer Sneaker Drive
Spread the loveFrom staff reports Students in Evergreen Park Community High School’s junior physical education leadership class teamed up with the non-profit organization Christmas Without Cancer to help local families battling the devastation of cancer. The class – taught by EPCHS physical education teacher Ree McDonald – helped gather donations for Christmas Without Cancer’s second…
Swallow Cliff Chapter, NSDAR, honors JROTC cadets
Spread the loveFrom staff reports Swallow Cliff Chapter, National Society Daughters of the American Revolution, participated in recent JROTC awards ceremonies held at Shepard High School in Palos Heights and Richards High School in Oak Lawn. The DAR JROTC award, consisting of a medal and certificate, was presented to Navy Cadet Emily Schrode at Richards…
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…