Government Funded Inventions

KEI efforts to address pricing and other public interest issues in more than 22 different NIH licensing cases, involving both patents and data rights, are here: /nih-licenses

Our work on the Sanofi/Army Zika vaccine license is here. /zika

Xtandi is an Army and NIH funded invention, patented by UCLA. Our work on the efforts to get the Army or the NIH to use their march-in or royalty free license rights to obtain lower prices are collected here: /xtandi

The work on government funded CRISPR inventions is here: /crispr

The Fabrazyme patent disputes are here: /fabry

The 2004 and 2012 ritonavir cases are here: /ritonavir

Many of the other disputes and commentary on government funded inventions are listed below.

  • NIH licenses (patents, data) and comments on proposed exclusive licenses
  • Senate Armed Services Committee directive on use of Bayh-Dole rights for DoD funded drugs
  • 2009: CDC FOIA regarding intellectual property on avian flu intellectual property rights
  • 2011: Survey of drug prices for 14 drugs with US government rights in patents listed in the FDA Orange Book
  • 2012: NIH case: exclusive rights in regulatory test data are absolute, even where there are drug shortages
  • 2013 July 12, Senator Leahy (D-VT) Requests March-In To Ensure Availability of Genetic Testing for BRCA Mutations
  • 2016: Did Army do analysis to determine if public is better off with exclusive license to patent?
  • 51 members of Congress have asked the NIH to use March-In rights to rein in high drug prices
  • Apple obtains compulsory license on patents owned by WARF, by District Court Judge in Wisconsin
  • Bayh-Dole Timeline
  • Workshop: Patents, the Public Interest and Two New Medical Technologies: CRISPR and CAR T
  • Extending Bayh-Dole March-in rights
  • House Appropriations rejects Kaptur amendment (allow competition for gov funded drugs if prices higher than reference countries)
  • KEI and Médecins Sans Frontières propose contractual terms to protect access and affordability of Zika vaccine
  • KEI and Médecins Sans Frontières propose contractual terms to protect access and affordability of Zika vaccine
  • NIH CRADAs, 2010 to 2016
  • Notes on the Bayh-Dole Act of 1980
  • Ritonavir March-In cases
  • Senator Angus King amendment to National Defense Authorization Act (NDAA) on federally funded drugs, vaccines
  • Update on our work on US government owned patents
  • Zika: Resources on 2016-2017 Army Exclusive Patent License to Sanofi
  • Xtandi Petition (filed in 2016, appealed in 2017)
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