Ernst looks to Biden administration for clarification on patent seizing to protect small businesses

Published February 8, 2024 12:54pm ET



EXCLUSIVE Sen. Joni Ernst (R-IA) is calling on the Biden administration to explain its plans to protect small businesses as it explores “march-in rights” when it comes to seizing patents developed using federal funds.

The Biden administration is looking to expand its authority under the Bayh-Dole Act, which authorizes the Commerce Department to create standard patent rights clauses to be included in federal funding agreements with small businesses and nonprofit organizations, including universities. March-in rights refer to the federal government’s ability, under the law, to “march in” on patents on inventions created using taxpayer funds and require the patent holder to share the federally funded patent with other applicable businesses or groups.

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