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The New Framework for March-In Rights: Potential Impact on University Partnerships and IP Licensing

The U.S. government’s proposed framework for exercising march-in rights under Bayh-Dole –  including pricing considerations — has sent ripples of concern through the tech transfer community along with those working in the wider innovation ecosystem.

In addition to the potential impact on the overall future of U.S. innovation and commercialization, TTOs are likely to face their own specific challenges in the wake of expanded march-in rights, with potential impacts on licensing, VC funding, industry-sponsored research, and more.

With the majority of university-based research and innovation being supported in some measure through government funding, it begs the question: How could this framework affect the future of our ability to develop and commercialize government-funded IP?

Will start-ups be able to attract VC funding without assurance that their patents won’t be co-opted by the government? Will licensees perceive new levels of risk that make deals harder to come by and reduce the royalty rates and other fees they’re willing to pay? Do license and funding agreements now need to address the potential for march-in rights based on drug pricing considerations, and how? Also at stake are precious partnerships between research institutions and corporations that could be jeopardized out of fears that any project supported by government funding risks the loss of rights to critical IP.

The future is uncertain around march-in rights and their potential impact, and that’s why we’ve teamed up with two attorney experts from Foley Hoag to lead this critical and timely one-hour webinar: The New Framework for March-In Rights: Potential Impact on University Partnerships and IP Licensing, scheduled for February 29th. For complete details or to register, click here.  

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Posted under: Distance Learning, Tech Transfer e-News