Government’s I.P. March-In Rights Affirmed A federal law known as the Bayh-Dole Act has allowed inventors, particularly universities and small businesses, to retain ownership or exclusive licenses to inventions developed with federal funding. However, the law provides the government with certain rights to such inventions, such as a non-exclusive, paid-up license to practice the invention or the right to “march-in” and license patents for the invention to third parties. This is to ensure that the public receives the benefit of taxpayer-funded innovations. Historically, the Government has not exercised these rights, however, the Government has begun examining whether to take a more active role in licensing federally supported innovations. The Federal Circuit
