March In Madness and the Future of Federally Funded Innovation *

March In Madness and the Future of Federally Funded Innovation *

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Historically, the Bayh-Dole Act only allows the government to march in to force an academic institution to issue additional licenses in three specific circumstances: if good faith efforts aren’t being made for commercialization, if the needs of a national emergency or requirements of federal regulations can’t be satisfied by the licensee, or if the licensee violated their pledge to manufacture the resulting product substantially in the United States. But a proposed regulation by the National Institute of Standards and Technology (NIST) would add price as a factor for regulators to consider when determining whether to exercise march-in rights. Specifically, the NIST proposal would allow considerate of what price and on what terms has the product utilizing the subject invention been sold or offered for sale in the U.S., and whether the contractor or licensee [has] made the product available only to a narrow set of consumers or customers because of high pricing or other extenuating factors.

Materials

• New March-In Guidelines Threaten U.S. Innovation
• March-In Drive Loses a Wheel: Generics Industry Says No to Biden Framework
• Tillis Doubles Down on Calls for Biden to Scrap March-In Plan
• U.S. Chamber Says March-In Rights Guidelines Threaten Future of Quantum Research in America

Survey

https://www.surveymonkey.com/r/March-In-Madness