What 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 situations, such as when the contractor is not taking effective steps to achieve practical application of the invention.

The MPEP explains: ‘March-in rights allow the government to grant licenses to other parties… where the contractor has failed to take effective steps to achieve practical application of the invention.’

For more information on Bayh-Dole Act, visit: Bayh-Dole Act.

For more information on patent licensing, visit: patent licensing.