FTC Submits Comment on March-In Rights to Promote Efforts to Lower Drug Prices

Summary:

The Federal Trade Commission (FTC) has submitted a comment to the National Institute of Standards and Technology (NIST) in response to its draft interagency guidance framework on considering the exercise of march-in rights under the Bayh-Dole Act. The FTC supports an expansive and flexible approach to march-in rights, including high prices as a basis for exercising these rights. The FTC argues that high drug prices in the pharmaceutical industry can be addressed by granting march-in rights to enable access to affordable and accessible treatments. However, the FTC also acknowledges that broader challenges, such as patent thickets, require government-wide solutions. The FTC's comment was approved with a 3-0 vote.