House Appropriations rejects Kaptur amendment (allow competition for gov funded drugs if prices higher than reference countries)

On 19 July 2017, Rep. Marcy Kaptur (D-OH) introduced an amendment at the markup in the U.S. House Appropriations Committee of the FY2018 State and Foreign Operations, Labor, Health and Human Services Appropriations bill that would direct the Department of Health and Human Services to use its authority to break patent monopolies for government-funded inventions priced higher in the U.S. than seven other high-income countries.

Senate Armed Services Committee directive on use of Bayh-Dole rights for DoD funded drugs

The report of the Senate Armed Services Committee on the National Defense Authorization Act of 2018, S. 1519, published July 10, 2017, includes a directive that links exclusive patent rights to the prices of drugs, vaccines and other medical technologies that are based upon DoD-funded inventions.

The text of the directive, approved unanimously by the full Senate Armed Services Committee, is as follows:

2010 Fabrazyme March-In Request

NIH rejects Fabrazyme March-In Petition

Statutes mentioned in 35 USC 210 of the Bayh-Dole Act

When the Bayh-Dole Act was passed in 1980, it included a provision that identified 21 statutes over which the Act would take precedence. I have reordered them according to dates they appear to have been enacted, and provided some details of the referenced statutes.

35 U.S.C. 210 Precedence of chapter.

Bayh-Dole Timeline

For more information, KEI general website on the Bayh Dole Act



On December 12, 1980, P.L. 96-517, the Bayh-Dole Act was enacted into law. It is codified in 35 U.S.C. § 200-212

The Stevenson-Wydler Acts is enacted into law


The Bayh-Dole Act became effective on July 1, 1981


Notes on the Bayh-Dole Act of 1980

The Bayh-Dole Act (or University and Small Business Patent Procedures Act) was originally enacted in 1980 as Public Law 96-517, and was amended in 1984 by Public Law 98-620. Among other things, the Bayh-Dole Act was designed to facilitate the patenting of U.S. government funded inventions by universities, other non-profit entities and businesses.

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