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Journal of Science Policy & Governance | Volume 18, Issue 01 | March 24, 2021

Policy Memo: Amend Patent Legislation to Expand Access to Pharmaceuticals during National Emergencies

Aya W. Takai (1), Samuel B. Lum (2)
  1. University of Michigan, School of Public Health, Ann Arbor, MI
  2. Rochester Institute of Technology, Department of Biomedical Sciences, Rochester, NY

Corresponding author: awtakai@umich.edu
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https://doi.org/10.38126/JSPG180113
Keywords: patent legislation; patent extension; coronavirus; national emergency
Executive Summary: As of February 2021, the COVID-19 pandemic has led to almost 109 million cases worldwide and over 486,000 American deaths (Johns Hopkins University 2021). With the federal government pouring more than $9 billion in taxpayer money to develop vaccines and treatments for COVID-19, accessibility to these taxpayer-funded products is a public concern (Witters 2020). Under current U.S. law, private entities of any size are allowed to keep patents funded by taxpayer dollars (Stevens 2004). Although government use of taxpayer funded patents exist in limited circumstances, there is little incentive beyond public and political pressure for pharmaceutical companies to forgo patent enforcement for public good. We recommend that Congress amend Title 35 of United States Code to allow patent term extensions when a patent holder agrees to forgo patent enforcement in times of presidentially declared public health national emergencies under the National Emergency Act.

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Aya W. Takai is a graduate of the University of Michigan School of Public Health and works as a legislative staffer in the United States Congress.
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Samuel B. Lum is a graduate of Rochester Institute of Technology and former biomedical engineering patent examiner in the United States Patent and Trademark Office. He is currently an engineer at the U.S. Food and Drug Administration, Center for Devices and Radiological Health.
 
Acknowledgements
The authors would like to express appreciation to William Bond, Conan Grames, and Sara Sass, Esq. for their comments on this publication.
 
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