CellPro and Bayh-Dole March-in Rights
CellPro asked the Clinton Administration for a compulsory license
to 4 patents held by Johns Hopkins Univeristy, under the Bayh-Dole Act's
March In provisions. The Administration denied CellPro's request. This was a
very important dispute, which concerned the use of patents based upon government
The Bayh-Dole Act
- 35 USC 203, the Bayh-Dole Act "March In"
- 35 USC 200, the Bayh-Dole Act
statement on Policy and Objective.
Journal Articles and News Stories
- December, 2002. Avital Bar-Shalom and Robert Cook-Deegan in the
Milbank Quarterly. Patents and Innovation in Cancer Therapies:
Lessons from CellPro.
- Fall, 1999. Barbara M. McGarey and Annette C. Levey in the Berkley
Technology Law Journal, Volume 14, Issue 3.
Patents, Products, and Public Health: An Analysis of the CellPro March-In Petition.
- Spring, 1998. Kevin W. McCabe for the Public Contract Law Journal, Issue 27:3.
Implications of the CellPro Determination on Inventions Made with Federal
Assistance: Will the Government Ever Exercise Its March-In Right? (Abstract)
- 1997 Lorie K. Dakessian for Intellectual Property and Technology Forum, Boston
College Law School.
Another Defeat For CellPro, Inc.
- May 19, 1997, Elaine Lafferty
By His Own Device: A biotech lab races to perfect a new treatment for
cancer just in time to save its dying CEO. Time,
MAY 19, 1997 VOL. 149 NO. 20.
- May 7, 1997, ABC News Report:
Twist Of Fate -Biotech CEO Becomes Guinea Pig For Own Cancer Cure.
- June 1996. Elise Hancock for John Hopkins Magazine.
Stalking the Stem Cell.
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