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 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.