The document is a formal letter from the Council on Governmental Relations (COGR), an association representing major U.S. research universities and affiliated institutions, addressed to Dr. Mark Rohrbaugh at the NIH's Office of Technology Transfer. The letter discusses march-in rights under the Bayh-Dole Act, emphasizing the Act's historically significant role in facilitating the transfer of federally funded research from universities to the private sector, thereby promoting economic growth and public benefit. COGR refers to the widespread recognition of the Bayh-Dole Act's success and underscores that march-in rights were intended solely to ensure the timely commercialization of inventions, not to allow government interference in determining licensing or commercialization terms.
The letter expresses concern over recent petitions urging the NIH to reconsider its longstanding interpretation of march-in rights, highlighting that such a move could disrupt the delicate balance of interests among government, academia, and industry that underpins successful technology transfer. COGR argues that any significant reinterpretation could jeopardize incentives for university innovation and ultimately restrict public access to new technologies. The organization urges the NIH to reaffirm the original scope of march-in rights as envisioned by the Act's authors, cautioning against amendments that might undermine the effectiveness of university-private sector partnerships in advancing public interest and technological progress.
COGR sent comments on march-in rights under the Bayh-Dole Act to the Office of Technology Transfer at the National Institutes of Health.
