End Of The 'March-In' Pricing Petitions?

KEI vows to continue battle over Bayh-Doyle restrictions after US Commerce Department suggests it may issue regulations to exclude pricing as a basis for requiring companies to license their patents.

NIH_AIDSProtest
AIDS activists protest at NIH • Source: Photo by Brenda Sandburg

The US Department of Commerce has left unresolved the exact circumstances in which the federal government can require a patent owner or licensee to share its patent rights with another party, but its suggestion that drug pricing is not likely to be a factor for pharma patents will surely drive further debate over the issue before regulations are implemented.

On 24 April, the Commerce Department's National Institute of Standards and Technology (NIST) issued a final Green Paper addressing the "march-in" provision of the Bayh-Dole Act of 1980, which allows the federal government to march in to require the contractor, assignee or exclusive licensee of an invention to

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