Law360, New York (October 29, 2012, 6:39 PM EDT) -- Four organizations on Thursday petitioned the National Institutes of Health for march-in rights for the patents to Abbott Laboratories' Norvir, a drug used to treat HIV, arguing that NIH should grant such rights when a patented drug costs much more in the U.S. than in other industrialized countries.
Federal agencies, under the Bayh-Dole Act, can grant march-in rights, or in other words, ignore patent exclusivity, when an invention is federally funded and certain other conditions are met. No agency has ever done so.
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