Posts Tagged: "28 U.S.C. § 1498(a)"

Suing for Patent Infringement if the Government Takes Your Intellectual Property During the COVID-19 Pandemic

As COVID-19 continues to rapidly sweep the globe, government agencies at all levels are taking measures to curb the spread of the virus. Private companies have announced plans for and advancements in testing, antivirals and vaccines, leading some members of Congress to raise concerns about whether these medical countermeasures “will be affordable and accessible to the public” in light of companies’ ability to enforce their patent rights and exclude competitors. See Kevin J. Hickey, Cong. Research Serv., LSB10422,  COVID-19 Medical Countermeasures: Intellectual Property and Affordability (March 18, 2020). This, in turn, has led to concerns that the government may appropriate private intellectual property rights in order to combat the virus.