Innovation is Under Threat

Innovation is Under ThreatLast Thursday, the Biden Administration released draft guidance outlining proposed factors that an agency may consider, including the “reasonableness of a product’s price,” when deciding whether to exercise its ‘march-in rights’ to federally funded inventions under the Bayh-Dole Act. According to the Bayh-Dole Coalition and other stakeholders, the proposal may deter public-private collaborations to advance new treatments and cures, and it will decimate confidence in the reliability of universities and federal laboratories as R&D partners, severely handicapping American innovation.   

Organizations like yours have until February 6, 2024 to respond to the proposed guidance – please see the links to the Federal Register below and a link that provides tips on how to submit comments.


The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released for public comment its Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights, a tool to help agencies evaluate when it might be appropriate to require licensing of a patent developed with federal funding.

The draft guidance seeks to help agencies work through a range of policy considerations relevant to a potential march-in decision, including price. The proposed guidance is now available in the Federal Register. Also available in pdf form here.

The 60-day comment period will close on Feb. 6, 2024, after which NIST will review and make publicly available all comments received, before finalizing the guidance.

Federal Register :: Request for Information Regarding the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights

Submit a comment with this link

Tips for Submitting Effective Comments* from

BioCT’s Legislative BreakfastPart of BioCT’s effort to promote the life sciences in Connecticut is a Legislative Breakfast, hosted at Alexion, on January 22nd. Register now to ensure your voice gets heard directly by CT policy makers. A full agenda and registration is hereInterested in sponsoring this event? Contact Jodie Gillon ( today.