Biden Drug Patent Seizures Would Test Scope of Government Power

A Biden administration move to seize some drug patents would likely be met with lawsuits challenging the scope of its authority to commandeer intellectual property.

The administration on Thursday floated a framework on how it could take over some patents for certain drugs if their prices are determined to be too high. It’s the first time the US government has looked to use so-called “march-in rights” for patents on drugs developed with federal funding to license them to other manufacturers, administration officials said.

If a plan is finalized, an all-but-certain legal challenge to the administration’s exercise of march-in rights would ...