COGR Submits Comments to NIST on Draft Interagency Guidance Framework for Considering the Exercise of March In Rights

On February 1, 2024 COGR joined five other higher ed. associations in submitting comments on the NIST RFI on the Draft Guidance Framework for Considering the Use of March-in Rights.

COGR also submitted a separate comment letter.

As expressed in the comments, we are concerned that the draft Framework undermines the ability of academic research institutions to move federally-funded technologies to the marketplace where society can benefit from them.  While aimed at concerns about drug pricing, exercising march-in will be largely ineffectual in addressing drug pricing but will adversely affect the ability of institutions to commercialize inventions in all technology sectors.  It will effectively chill future partnerships between research institutions and the private sector due to the inability to mitigate the risk of being subject to a petition for march-in on the basis of ‘reasonable price.’ It also potentially could lead to gamesmanship by foreign and other large corporate entities to challenge and harass small and start-up companies in order to undercut their product pricing.  

For these reasons we and the other associations have urged NIST to rescind and withdraw the proposed Framework.  A large number of institutions have filed similar comments, and we urge other COGR member institutions to do so and indicate support for COGR’s letter and the joint association letter.  Comments are due February 6, 2024.

Please contact Bob Hardy, Director of Research Security & Intellectual Property at if you have any questions.