The document is a formal letter from the Council on Governmental Relations (COGR), representing leading U.S. research universities and associated institutions, addressed to Dr. Mark Rohrbaugh, Director of the Office of Technology Transfer at the National Institutes of Health (NIH). The letter discusses the significance of march-in rights under the Bayh-Dole Act of 1980, emphasizing the Act's crucial role in facilitating the transfer of federally funded research from universities to the private sector, thereby fostering innovation, economic growth, and public benefit. COGR underscores the success of Bayh-Dole, attributing it to the alignment with free market principles and the creation of effective incentives for innovation and commercialization.
COGR expresses concerns over recent petitions requesting that NIH exercise its march-in rights, clarifying that such rights were intended by the Act's authors to ensure timely commercialization of inventions—not to allow government interference in licensing or commercialization terms. The letter warns that any significant change or broadening of the government’s interpretation or exercise of march-in rights could disrupt the delicate balance among government, academia, and industry, potentially undermining technology transfer and public benefit. COGR urges NIH to reaffirm its longstanding interpretation of march-in rights to preserve the public-private partnership model and to avoid changes that could deter university innovation and hinder the dissemination of research results.
