[Ip-health] Stat+: A bid for HHS to override patents on pricey drugs is shot down [Paywall]

Andrew S. Goldman andrew.goldman at keionline.org
Tue Jul 25 12:04:31 PDT 2017

Article on the Kaptur amendment to allow competition for government-funded
inventions when price is higher than large economy, high income reference
countries (more on that here: https://www.keionline.org/node/2839)


By ED SILVERMAN @Pharmalot

JULY 25, 2017


Last week, Rep. Marcy Kaptur (D-Ohio) introduced an amendment to a House
appropriations bill that would have authorized HHS to exercise rights in a
federal law which, under certain circumstances, would permit a company —
other than the licensed patent holder — to make a lower-cost version of a

The effort was quickly voted down amid lobbying by industry, but her move
reflects stubborn concern among a growing number of lawmakers over the
extent to which drug makers should be allowed to benefit from products that
are developed — at least in part — with taxpayer funds.

The issue is at the heart of a high-profile controversy over a Zika virus
vaccine that Sanofi-Pasteur, which is one of the world’s largest vaccine
makers, is developing with $43 million in government funding — and another
$100 million may follow. The initial grant was provided by Biomedical
Advanced Research and Development Authority, which is part of HHS.


“People voting against the Kaptur amendment are endorsing the freedom of
drug companies to charge U.S. residents more, and in many cases, much more
than the prices anywhere else, for an invention funded by U.S. taxpayers,”
said Jamie Love of KEI, which first reported the amendment on its website.
“Rejecting the Kaptur amendment is endorsing a policy of treating the US
worse than any other country.”


Andrew S. Goldman
Counsel, Policy and Legal Affairs
Knowledge Ecology International
andrew.goldman at keionline.org // www.twitter.com/ASG_KEI
tel.: +1.202.332.2670

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