The Bayh-Dole Act



The Bayh-Dole Act allows for the transfer of exclusive control over many government funded inventions to universities and businesses operating with federal contracts for the purpose of further development and commercialization. The contracting universities and businesses are then permitted to exclusively license the inventions to other parties. The federal government, however, retains "March-in" rights to license the invention to a third party, without the consent of the patent holder or original licensee, where it determines the invention is not being made a vailable to the public on a reasonable basis, (in other words, to issue a compulsory license.)

Efforts to Have the NIH License the World Health Organization the Rights to Its Health Patents
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