Do March‐In Rights Ensure Access to Medical Products Arising From Federally Funded Research? A Qualitative Study

ConclusionsThe Bayh‐Dole Act's march‐in rights continue to be invoked by policymakers and health advocates, most recently in the context of new, high‐cost products originally discovered with federally funded research. We found that the existence of march‐in rights may select for government research licensees more likely to commercialize the results and that they can be used to extract minor concessions from licensees. But as currently specified in the statute, such march‐in rights are unlikely to serve as a counterweight to lower the prices of medical products arising from federally funded research.

Source: The Milbank Quarterly - December 2, 2015 Category: Health Management Authors: CAROLYN L. TREASURE, JERRY AVORN, AARON S. KESSELHEIM Tags: Original Investigation Source Type: research