[Ip-health] Biden Executive Order opposes Trump effort to narrow Bayh-Dole march-in rights over pricing concerns

James Love james.love at keionline.org
Mon Jul 12 09:46:52 PDT 2021

The Biden Whitehouse has issued an Executive Order on competition which
includes opposition to the Trump effort to narrow Bayh-Dole march-in rights
over pricing concerns.

KEI has spent a lot of effort opposing the NIST proposals, including the
submission of several technical comments and ongoing conversations with the
Biden appointees.  Other groups have also rallied to oppose the proposals by
NIST.  The grassroots efforts, lead by groups such as Social Security
Watch, generated more than 80,000 comments in opposition to the effort to
limit march-in rights  There is a big corporate/University lobby
https://bayhdolecoalition.org/about/#members) pushing for this, and there
are other issues in the proposed regulations, such as narrowing the cases
where government rights apply.    More background on the NIST proposals,
and comments by many of the groups who opposed (the number of thoughtful
comments by groups, academics and others was quite impressive) or supported
the NIST proposals, are here: https://www.keionline.org/35432.

Below is the relevant section from the new Biden EO on competition.


Executive Order on Promoting Competition in the American Economy
JULY 09, 2021

(r)  The Secretary of Commerce shall:
          (i)    acting through the Director of the National Institute of
Standards and Technology (NIST), consider initiating a rulemaking to
require agencies to report to NIST, on an annual basis, their contractors’
utilization activities, as reported to the agencies under 35 U.S.C.
          (ii)   acting through the Director of NIST, consistent with the
policies set forth in section 1 of this order, consider not finalizing any
provisions on march-in rights and product pricing in the proposed rule
“Rights to Federally Funded Inventions and Licensing of Government Owned
Inventions,” 86 Fed. Reg. 35 (Jan. 4, 2021); and

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