Federal March In Provisions & NIST Draft Framework: February 2024 Meeting

COGR's virtual meeting held from February 27 to March 1, 2024, featured expert discussions on federal policies affecting university technology transfer, focusing particularly on the National Institute of Standards and Technology (NIST) draft framework regarding march-in rights under the Bayh-Dole Act. The draft framework proposes using the pricing of commercial goods and services as a criterion for exercising march-in rights, raising concerns from over 100 universities, organizations, and bipartisan lawmakers that such provisions could deter investment in federally funded inventions and hinder technology commercialization. The discussion highlighted that, historically, agencies have not exercised march-in rights based solely on pricing, and the Bayh-Dole Act was intentionally crafted to avoid government intervention in product pricing decisions.