Nikki Borman

In recent months, two U.S. government executive initiatives have reshaped the landscape concerning intellectual property and the domestic production of products resulting from federally funded research. These initiatives are poised to bring substantial changes to the dynamics of academic-industry collaborations as inventions are brought to market.

As we scan the press attention around medical intellectual property (IP) during these pandemic times, an impassioned debate centers on whether there should be a reprieve on patent rights for COVID-19 vaccines. This threat to longstanding agreements and investment in public/private sector partnerships undermines not only the ownership of IP but also sets a dangerous precedent in terms of downstream consequences. An additional challenge to patents owned by academic medical centers and pharmaceutical companies is posed by activist groups that are lobbying our government to exercise march-in rights to influence pricing of medicines in the United States. Working with medical research centers around Bayh-Dole Act compliance has uncovered, time after time, a more systemic risk that eats away at the health of the research portfolio and could add fuel to the fire for diluting IP protection, thereby undermining the foundation of innovation.