Released on February 6, 2024
Late last year, the National Institute of Standards and Technology’s (NIST) submitted for public comment a draft that is intended to serve as a framework for federal agencies on the exercise of march-in rights under the Bayh-Dole Act. In its response, TCCRI demonstrates that the draft framework is flawed in several respects. The Bayh-Dole Act was never intended to allow product pricing as a factor when determining the employment of march-in rights. Furthermore, exercising march-in rights on the basis of perceived high pricing would undermine the commercialization of patents that would benefit the public, the primary purpose of the Bayh-Dole Act.
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