What are ‘march-in rights’ in government-funded inventions?
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…
Read MoreWhat are march-in rights under the Bayh-Dole Act?
March-in rights are a provision of the Bayh-Dole Act that allow the government to intervene in certain circumstances: The government can require the contractor or exclusive licensee to grant a license to a responsible applicant. If the contractor or licensee refuses, the government can grant the license itself. These rights are exercised only in specific…
Read MoreWhat is the difference between patent assignment and licensing?
Patent assignment and licensing are two different ways of transferring patent rights. The MPEP defines assignment as: ‘Assignment of patent rights is defined as ‘a transfer by a party of all or part of its right, title and interest in a patent [or] patent application….” In contrast, licensing is described as: ‘As compared to assignment…
Read MoreHow does licensing affect small entity status?
How does licensing affect small entity status? Licensing can significantly impact small entity status. According to MPEP 509.03: An applicant or patentee is not considered a small entity if any rights in the invention have been assigned, granted, conveyed, or licensed to an entity that would not qualify for small entity status. This means: If…
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