KEI Briefing Note 2022:1 Selected U.S. Government COVID Contracts with Authorization and Consent to Non-Voluntary Use Of Third Party Patents July 19, 2022 KEI-bn-2022-1
For more on KEI’s work on COVID-19, see keonline.org/coronavirus. The “Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020’’ will provide welcome funding to deal with the expanding COVID-19 pandemic. The current language on affordability (this Draft text), however, is worse… Continue Reading
The following are comments by the KEI on the HHS Blueprint to Lower Drug Prices and Reduce Out-of-Pocket Costs, in response to notice in the Federal Register, 83 FR 22692. Overall, the Blueprint is very weak, and won’t do much… Continue Reading
On Wed, May 16, 2018, the House Ways & Means Committee held a markup on HR. 5773, a bill dealing with the opioid crisis, which would require Medicare prescription drug plans to establish drug management programs for at-risk beneficiaries. Representative… Continue Reading
More on 1498 here: https://www.keionline.org/cl/28usc1498 There is a discussion of compensation under 28 USC §1498 in Remuneration Guidelines for Non-Voluntary Use of a Patent on Medical Technologies. UNDP and World Health Organization. 2005 (pages 18-21 in the UNDP edition, and… Continue Reading
Representative Ro Khanna (D-CA-17) was joined by 17 other members of Congress in calling upon Department of Health and Human Services Secretary Alex Azar to issue a compulsory license on patents for medications to treat hepatitis C, by exercising 28… Continue Reading
This is a video by Zack Struver about Senator Bernie Sander’s proposal to expand Veterans access to patented medical inventions. The video discusses both the proposal by Senator Sanders to give the U.S. Department of Veterans Affairs the authority to use compulsory licenses on patents on medical inventions, including drugs, and the history of “government use” provisions in current U.S. statutes, including 28 U.S.C. 1498, which Sanders proposes modifying.
On Wednesday, July 22, 2015, the Senate Veterans Committee held a mark-up to consider several bills. During the mark-up, Senator Sanders offered an amendment, attached below, that would create a compulsory license mechanism in the Department of Veterans Affairs, for patents on medical inventions. (See amendment text below). The motivation for the amendment was a crisis in the VA involving access to drugs for the hepatitis C virus (HCV).
Attached is the text of a letter sent by Senator Bernie Sanders to Robert A. McDonald, the Secretary, U.S. Department of Veterans Affairs, asking the Secretary “to use your authority as Secretary of Veterans Affairs to break the patents on Hepatitis C medications for the treatment of veterans suffering with the disease.”
This March 14, 2012 opinion by the United States Court of Appeals for the Federal Circuit provides a discussion of some elements of the history of 28 USC 1498, beginning in 1894, through changes in the law in 1910, 1918,… Continue Reading