TAPP Responds to NIST Request for Information Regarding the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights

TAPP recently responded to a National Institute of Standards and Technology request for information regarding the draft interagency guidance framework for considering the exercise of march-in rights. In its letter to NIST, TAPP urged rejection of any attempt to assert march-in authority as it would constitute a misapplication of the four-decades-old Bayh-Dole Act and would harm healthcare innovators and patients.

In part, TAPP wrote, “Our nation should favor policies that boost incentives for scientists and researchers to continue providing the cutting-edge therapies and miracle cures that Americans have come to expect. Moreover, undermining the Bayh-Dole Act would disrupt greater innovative ecosystems and could create a slippery slope for wide-ranging intellectual property rights infringement. Any industry could become a political target. For all of these reasons, we urge you to reject any attempt to assert march-in authority.”

Read the complete letter here.