March-in rights refer to the government's authority to intervene in the licensing of a patented invention, particularly when federal funding has been used for its development. This right allows the government to either issue a new license or revoke an existing one if the invention has not been adequately developed or utilized within a specified timeframe. This concept is codified under 35 USCS § 203.
March-in rights are primarily relevant in the field of intellectual property law, particularly concerning patents that have received federal funding. These rights ensure that inventions funded by taxpayer dollars are developed in a manner that serves the public interest.
Legal practitioners may encounter march-in rights in cases involving:
Users can manage some aspects of this process through legal templates available on platforms like US Legal Forms, which provide resources tailored to these situations.
Here are a couple of examples of abatement:
Example 1: A university develops a medical device using federal grant money. If the device is not brought to market within five years, the government may exercise its march-in rights to license the device to another company that can bring it to market more effectively.
Example 2: A startup receives federal funding to develop a software application but fails to make significant progress. The government may step in to license the software to another entity that can adequately develop and commercialize it. (hypothetical example)
The primary statute governing march-in rights is:
| Term | Definition | Difference |
|---|---|---|
| Exclusive License | A license that grants the licensee exclusive rights to use the patent. | March-in rights allow the government to intervene, while an exclusive license does not. |
| Compulsory License | A license granted by a government to use a patented invention without the consent of the patent holder. | March-in rights are specific to federally funded inventions, while compulsory licenses can apply more broadly. |
If you believe that march-in rights may apply to your situation, consider the following steps:
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| Attribute | Details |
|---|---|
| Jurisdiction | Federal law |
| Typical Fees | Varies by case |
| Potential Outcomes | Revocation of license, issuance of new license |
March-in rights are the government's authority to license or revoke licenses for federally funded inventions that are not adequately developed.