Eminent Domain over Patents?


Can a state use its power of eminent domain to obtain public control of a patent in order to promote lower drug prices? One D.C. Councilman hopes so. The American Prospect reports: Patents Pending: “[District of Columbia Councilman David] Catania, a Republican who recently registered as independent after breaking with President Bush over the same-sex-marriage issue, introduced a compulsory license bill February 1. It authorizes Washington, D.C.’s mayor to declare a health emergency and, under eminent domain authority, issue a compulsory license to a generic firm to produce select patented drugs.”

Andrew Raff @andrewraff