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March-In Rights Under The Bayh-Dole Act: Public Access To Federally Funded Research , Mary Eberle
March-In Rights Under The Bayh-Dole Act: Public Access To Federally Funded Research , Mary Eberle
Marquette Intellectual Property Law Review
Ms. Eberle examines the Bayh-Doyle Act of 1980, which allows small entities to retain patent title to inventions arising from federally funded research. The Act includes a march-in rights provision, which permits a petitioning third party to force the small entity to grant the petitioner a license where the original licensee fails to commercialize the technology. Ms. Eberle discusses the substance of the Act, focusing on its march-in rights provision. Next, Eberle chronicles a march-in rights attempt by the biotechnology company CellPro to obtain a license to Johns Hopkins University patents and the subsequent court battle. After offering an analysis …