White House Threatens Patents of High-Priced Drugs

The Biden administration is threatening to cancel the patents of some costly medications to allow rivals to make their own more affordable versions. The Associated Press reports: Under a plan announced Thursday, the government would consider overriding the patent for high-priced drugs that have been developed with the help of taxpayer money and letting competitors make them in hopes of driving down the cost. In a 15-second video released to YouTube on Wednesday night, President Joe Biden promised the move would lower prices. 'Today, we're taking a very important step toward ending price gouging so you don't have to pay more for the medicine you need,' he said.

White House officials would not name drugs that might potentially be targeted. The government would consider seizing a patent if a drug is only available to a 'narrow set of consumers,' according to the proposal that will be open to public comment for 60 days. Drugmakers are almost certain to challenge the plan in court if it is enacted. The White House also intends to focus more closely on private equity firms that purchase hospitals and health systems, then often whittle them down and sell quickly for a profit. The departments of Justice and Health and Human Services, and the Federal Trade Commission will work to share more data about health system ownership.

While only a minority of drugs on the market relied so heavily on taxpayer dollars, the threat of a government 'march-in' on patents will make many pharmaceutical companies think twice, said Jing Luo, a professor of medicine at University of Pittsburgh. 'If I was a drug company that was trying to license a product that had benefited heavily from taxpayer money, I'd be very careful about how to price that product,' Luo said. 'I wouldn't want anyone to take my product away from me.'

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