Using Bayh-Dole March-in to Set Patent Price Controls: An Assault on American Innovation
Under the Bayh-Dole Act, the federal government has the right to “march in” on patents on inventions created using taxpayer funds—to require the patentholder to license the federally funded patent to other applicants. The terms of the license must be “reasonable under the circumstances.” The act limits the exercise of march-in to specific circumstances related to accessibility of the invention, as well as national health and safety (35 U.S.C. 203).
The law does not list the pricing of a license as a grounds justifying march-in.