Marching Forward: How NIH’s Proposed Framework Could Reshape the Bayh-Dole Act’s Use of March-in Rights
By Anthony J. Wenn, Frank Brefo, & Sarah Dunkley
Intellectual Property,
June 2024
In December 2023, the National Institute of Standards and Technology released a draft framework that includes price as a factor for encorcing "march-in" rights under the Bayh-Dole Act. If implemented, this framework marks a significant policy shift, making it clear that the government can effectively recapture the exclusive rights of technology derived from federally funded research if the price of a product is deemed too high.
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