Senator Leahy Urges NIH to Use March-In Rights on Myriad BRCA Test
By Donald Zuhn,
Patent Docs
| 07. 17. 2013
On Friday, Sen. Patrick Leahy (D-VT) sent a
letter to Dr. Francis Collins, the Director of the National Institutes of Health (NIH), "to urge [the Director] to consider using march-in rights under the Bayh-Dole Act to ensure greater access to genetic testing for breast and ovarian cancer." The Bayh-Dole Act, which was enacted in 1980, created a uniform patent policy among the many federal agencies that fund research, enabling small business and non-profit organizations -- including universities -- to retain title to inventions made under federally funded research programs. In commemorating the Act's 30th anniversary in 2010, the U.S. Patent and Trademark Office noted that "[t]he legislation is credited with the creation of thousands of new companies and billions of dollars of direct benefits to the U.S. economy" (see "
USPTO Recognizes 30th Anniversary of Bayh-Dole Act").
As a result of the concern that U.S. taxpayers should not have to pay businesses for inventions that the public has already paid for, legislators added a section to the Act that gave the government "march-in" rights. Recently, a handful of groups...
Related Articles
By Alondra Nelson, Science | 09.11.2025
In the United States, the summer of 2025 will be remembered as artificial intelligence’s (AI’s) cruel summer—a season when the unheeded risks and dangers of AI became undeniably clear. Recent months have made visible the stakes of the unchecked use...
By Emma McDonald Kennedy
| 09.25.2025
In the leadup to the 2024 election, Donald Trump repeatedly promised to make IVF more accessible. He made the commitment central to his campaign, even referring to himself as the “father of IVF.” In his first month in office, Trump issued an executive order promising to expand IVF access. The order set a 90-day deadline for policy recommendations for “lowering costs and reducing barriers to IVF,” although it didn’t make any substantive reproductive healthcare policy changes.
The response to the...
By Johana Bhuiyan, The Guardian | 09.23.2025
In March 2021, a 25-year-old US citizen was traveling through Chicago’s Midway airport when they were stopped by US border patrol agents. Though charged with no crime, the 25-year-old was subjected to a cheek swab to collect their DNA, which...
By Julie Métraux, Mother Jones | 09.23.2025