Open Access Must Be the Rule, Not the Exception | Electronic Frontier Foundation

open licenses and pledges are only the beginning of the discussion about how we can remove legal obstacles to sharing urgently needed innovation. As we’ve discussed before, one way is to harness the power of existing patent law. There’s a provision that lets the US government use or authorize others to use any invention “described in and covered by a patent of the United States” in exchange for reasonable compensation. In other words, the government could license itself or others to use any patented technology to diagnose, treat, or stop the spread of COVID-19. (If a patent-owner wanted to sue for infringement, it would sue the United States, not the licensee.) The government can do that under current law, with no need to get a bill through legislative gridlock. But that’s not enough either. Rising to the many challenges facing society today requires going to the source—how scientific research is funded and published as well as the legal entanglements that can come with that research. The good news is that the open access community has made progress. Although Congress has failed multiple times to pass a comprehensive open access law, current Executive Branch policies require that

Source: Open Access Must Be the Rule, Not the Exception | Electronic Frontier Foundation