Sen. Thom Tillis Warns That Foreign Free-Riding and Weak Patent Laws Threaten U.S. Leadership in Life Sciences on Incubate's Making Medicine Podcast

WASHINGTON (December 4) -- This week, U.S. Senator Thom Tillis (R-NC) warned that addressing foreign drug pricing disparities and strengthening U.S. intellectual property protections are essential to preserving the nation's global leadership in life sciences. In a new episode of the Making Medicine podcast with Incubate's executive director John Stanford, Tillis detailed a range of urgent policy priorities to maintain America's edge in biotech. 

He argued that burdensome regulations can slow U.S. progress compared to countries, like China, that are moving aggressively to support emerging technologies. "We should remove every piece of fat and every unnecessary regulation, every checkpoint along the way so we don't have the pacing threat of China," he said. "And we do have a pacing threat. They are innovating now. AI takes that to another level."

Tillis also underscored how many developed nations benefit from U.S. biomedical innovation without contributing their fair share to pay for the medicines their citizens rely on. "I do believe that there is a disparity," he said. "I do believe that there are certain countries that are getting an advantage that we need to equalize."

On the podcast, Tillis described how role as ranking member of the Senate Judiciary Subcommittee on Intellectual Property has shaped his perspective and stressed that bolstering patent protections is essential to sustaining breakthrough innovations in the United States.

"The Patent Eligibility Restoration Act is critically important to the life sciences space," Tillis said. "There are inventions and creations in the life sciences today that are not even eligible for consideration to be patented… That will have, and already is having, a dampening effect on innovation."

The bill, which Tillis co-sponsored, would restore patent eligibility for many medical diagnostics, software, and emerging technologies that current case law has left in legal limbo.

Tillis also rejected proposals that the federal government take an equity stake in companies whose IP originates from federally funded research. "I hate it. I think that is nonsense. I am tired of Republicans calling themselves conservatives if they condone that sort of intervention," he said. "With all due respect to the Secretary of Commerce, go back to business if you want to do that. That is not the proper role of the government at all."

Beyond global drug pricing disparities, Tillis emphasized the importance of creating a stable, predictable policy environment to support long-term investment in the life sciences. As he explained: "One of the key things you can do to reduce the out-year cost of anything is to provide that industry some level of certainty. Otherwise they're constantly reserving for the risk."

The episode offers a substantive look at the policy environment shaping the next generation of medical discovery, from patent eligibility and R&D incentives to global pricing dynamics and America's competitive edge.

To hear the full conversation with Tillis, check out the Making Medicine podcast on YouTube, Spotify, or Apple Podcasts.

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About Incubate

Incubate is a 501(c)(4) organization of venture capital firms representing the patient, corporate, and investment communities. Our primary aim is to educate policymakers on the role of venture capital in bringing promising treatments to patients in need.

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