Misuse of march-in could stifle innovation, say PhRMA

In the USA, the Biden Administration is currently conducting  a government-wide review of the use of “march-in” authority under the Bayh-Dole Act.

According to trade group Pharmaceutical Research and manufacturers of America (PhRMA), the bipartisan legislation passed in 1980 and created a framework in which research institutions receiving federal funds could patent their inventions and license them to private entities to bring these innovations to market.

As part of Bayh-Dole, legislators created a march-in provision designed as a safeguard for the government in case good-faith efforts aren't being made to commercialize the research. Now, anti-IP proponents are pushing to use the provision to regulate drug prices.