Law360 (October 19, 2020, 3:33 PM EDT)
..Biden's Support for Patent Rights
Biden's platform is silent on any plans for the patent system. During Biden's tenure as vice president, the Leahy-Smith America Invents Act of was enacted with the support of President Barack Obama's administration. That legislation is generally viewed as strengthening patent rights, but it does not appear that Biden played an active role in getting the bill through Congress. Biden clearly recognizes the importance of patents in promoting innovation. For example, he was the moving force behind the Cancer Moonshot Program in 2016, which, among other things, included a plan for accelerated examination of patents on cancer immunotherapy. Biden also promoted a 2011 program to license U.S. Department of Energy patents for nominal fees as part of America's Next Top Energy Innovator challenge. Biden has been largely supportive of patent rights in pharmaceuticals. As vice president, he often opposed other countries' efforts to require compulsory licenses to drug patents. Biden's health plan promises to reduce drug prices, but weakening patent rights is not one of the tools he is proposing. Biden would, however, work to avoid manipulation of the patent system in a way that would increase drug prices. For example, Biden supports legislation that would accelerate the development of generic drugs by ensuring access to samples of patented medicines. Companies that have used the patent system in ways that have been alleged to be anti-competitive, such as using so-called patent thickets, evergreening or product hopping, should be prepared to defend strategies that may be under increasing scrutiny in a Biden administration... https://www.law360.com/articles/1319716/how-a-biden-administration-would-shape-ip-policy