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ARTICLE · 29 OCTOBER 2025

NIH New Patent Licensing Policy

The National Institutes of Health recently instituted a new patent licensing policy aimed at expanding access to new drugs and medical devices.

United StatesIntellectual Property

The National Institutes of Health recently instituted a new patent licensing policy aimed at expanding access to new drugs and medical devices. The policy applies to license applications submitted on or after October 1, 2025. Under this new policy, organizations are required to include an Access Plan outlining the steps and strategies they intend to take to support broad access to the product that will be commercialized from the license.

The NIH provided a list of approximately 40 example strategies. The list provided is non-limiting, but it seems to illustrate the ways the NIH intends to expand patient access. The list provided high level examples along with more detailed examples. Some of the high-level examples include partnering with public health, non-profit, or patient advocacy organizations, addressing accessibility as a design objective, committing to sublicense relevant intellectual property and know-how, and promoting equitable access and affordability in

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