The National Institute of Standards and Technology is inviting external comment on its draft guidance for federal march-in authority to license patents of products of government-funded research.
The proposed guidelines urge agencies to consider the practical and potential impact of exercising their rights to march in and retain patent ownership of inventions in certain circumstances and areas such as national security and safety, NIST said Thursday.
March-in rights are part of the University and Small Business Patent Procedures Act of 1980, or Bayh-Dole Act. Earlier this year, NIST amended regulations to align the law with the Biden administration’s Executive Order on Promoting Competition in the American Economy, but excluded the prohibition of using march-in rights in pricing decisions.
“With this draft guidance and request for comment, we are seeking continued stakeholder input to ultimately provide greater clarity on march-in rights and maintain a balance between incentivizing companies to innovate and making sure those innovations serve the American people,” Secretary of Commerce Gina Raimondo remarked.
NIST will discuss the framework and the request for comment requirements in an informational webinar to be held on Dec. 13. Interested parties may submit their feedback until Feb. 6, 2024.
