This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
What are ‘march-in rights’ in government-funded inventions?
‘March-in rights’ are a significant aspect of government rights in federally funded inventions. As described in MPEP 310, these rights allow the government to require the contractor, assignee, or exclusive licensee of a subject invention to grant a license to a responsible applicant under certain circumstances. The MPEP states:
‘March-in rights permit the Government, in specified circumstances, to require the contractor or successors in title to the patent to grant a nonexclusive, partially exclusive, or exclusive license to a responsible applicant or applicants.’
These circumstances include:
- Failure to take effective steps to achieve practical application of the invention
- Health and safety needs not being reasonably satisfied
- Public use requirements specified by Federal regulations not being met
March-in rights serve as a safeguard to ensure that federally funded inventions benefit the public.
For more information on patent licensing, visit: patent licensing.