UC Comment Letters

This comment letter responds to the National Institute of Standards and Technology (NIST)’s request for information on the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (Draft Framework) issued on December 8, 2023. UC strongly urges NIST not to issue the draft march-in framework, arguing that using Bayh-Dole march-in rights as a price-control tool would reinterpret the statute, conflict with congressional intent, and create uncertainty that could deter licensing, investment, public-private partnerships, and commercialization of federally funded university inventions. If NIST proceeds, UC asks it to revise and reissue the framework for public comment, including clear definitions and methods for terms such as “reasonable” price, “extreme,” “unjustified,” and “exploitative,” while ensuring the framework does not chill innovation across technology sectors.