COGR responds to the NIH’s draft policy requiring licensees of NIH technologies to submit access plans aimed at promoting patient access, expressing support for the aim of equity but cautioning that such requirements may unintentionally complicate technology commercialization and deter potential licensees due to increased risks and uncertainties. COGR recommends that NIH focus on adjusting its own licensing terms and engaging stakeholders to ensure access, rather than mandating access plans from licensees, and suggests access plan requirements—if adopted—be reserved for later stages of product development, accompanied by clear guidelines and incentives. The letter highlights concerns about public disclosures of sensitive business information, the adverse impact on small companies, and proposes avoiding rigid pricing obligations, ultimately advocating for policies that promote access without hindering innovation or commercialization efforts.
Kevin Wozniak
Kevin Wozniak is the Director of Research Security & Intellectual Property at COGR.
