Emperor Biden’s Latest — The State Goes Marching In To Seize Patents
On December 7, a date that shall live in infamy, Biden’s Commerce Department proposed a mechanism to invoke the so-called “march-in” clause of 1980’s bipartisan Bayh-Dole Act. This would empower Uncle Sam to capture and control patents that fully or partially were funded with federal research grants, if Washington bureaucrats disliked the market prices or rollout speeds of their ensuing technologies.
Before Bayh-Dole, under 5% of federally supported patents were licensed. By 2022, AUTM data show, 9,884 licenses and options arose among that year’s 16,857 US patent applications. By that measure, 58.6% of patents typically are licensed each year, nearly 12 times the pre-Bayh-Dole pace.
Now imagine life with few new amusements, business tools, or medical cures. The ever-meddlesome Biden now wants new powers to reassign or simply nationalize patent licenses if his pests decide that these items are not marketed quickly or cheaply enough.