March-in rights refer to a regulation that empowers the government to grant authorization to another party to utilise or revoke the authorization of the patent holder for an invention that was funded by the government. This is applicable if the owner or their associate has not made sufficient efforts to utilise or advance the invention within a reasonable timeframe.
March-in rights are the government’s authority to either grant a new licence or revoke an existing licence for a federally funded invention if the owner or licencee has not adequately developed or applied the invention within a reasonable time. For instance, if a company receives federal funding to develop a new drug but fails to bring it to market within a reasonable time, the government may exercise its march-in rights and grant a new licence to another company to develop and market the drug. The purpose of march-in rights is to ensure that federally funded inventions are used for the public good and not solely for the benefit of the patent owner or licencee. They serve as a mechanism for the government to intervene if the owner or licencee is not fulfiling their obligations to develop and apply the invention.
March-In Rights refer to the authority granted to the federal government to intervene and require a patent holder to grant licenses to third parties for the commercialization of inventions that were developed with federal funding.
March-In Rights can be exercised when certain conditions are met, such as if the patent holder fails to take effective steps to commercialize the invention, if the invention is not being made available to the public on reasonable terms, or if the patent holder’s actions are deemed to be anti-competitive.
The authority to exercise March-In Rights lies with the federal agency that provided the funding for the development of the invention. For example, if the invention was developed with funding from the National Institutes of Health (NIH), the NIH would have the authority to exercise March-In Rights.
The purpose of March-In Rights is to ensure that inventions developed with federal funding are made available to the public and are not unduly restricted by the patent holder. It aims to strike a balance between incentivizing innovation and promoting public access to important technologies.
No, March-In Rights cannot be exercised retroactively. They can only be exercised for inventions that were developed with federal funding after the enactment of the Bayh-Dole Act in 1980.
No, March-In Rights can only be exercised for patents that were developed with federal funding and fall under the purview of the Bayh-Dole Act. It does not apply to patents that were developed solely with private funding.
The process for exercising March-In Rights typically involves a formal request to the federal agency that provided the funding, outlining the reasons for invoking the rights. The agency will then evaluate the request based on the criteria set forth in the Bayh-Dole Act and make a determination.
Yes, the patent holder has the right to challenge the exercise of March-In Rights. They can present arguments and evidence to contest the agency’s decision, and the matter may be subject to further review or legal proceedings.
If March-In Rights are exercised, the federal agency can require the patent holder to grant licenses to third parties for the commercialization of the invention. This allows other entities to develop and market the invention, potentially increasing its availability and affordability.
No, March-In Rights are not commonly exercised. They are considered a last resort and are typically only invoked in exceptional circumstances where the patent holder’s actions or inactions significantly hinder the public’s access to the invention.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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