• Homepage of Essential Inventions, the non-profit corporation which petitioned the US Department of Health and Human Services for licenses to manufacture and sell inexpensive generic versions of Xalatan and Norvir.

The Bayh-Dole Act allows for the transfer of exclusive control over many government funded inventions to universities and businesses operating with federal contracts for the purpose of further development and commercialization. The contracting universities and businesses are then permitted to exclusively license the inventions to other parties. The federal government, however, retains "March-in" rights to license the invention to a third party, without the consent of the patent holder or original licensee, where it determines the invention is not being made a vailable to the public on a reasonable basis, (in other words, to issue a compulsory license.)

• Text of the Bayh-Dole Act (35 USC 200-212).

• Text of 35 USC 203, which grants the federal government march-in rights. Here is an exerpt from the section:

  With respect to any subject invention in which a small business firm or nonprofit organization has acquired title under this chapter, the Federal agency under whose funding agreement the subject invention was made shall have the right... to grant such a license itself.

• CPT Page on CellPro and Bayh-Dole March-in Rights. This page is about a firm named CellPro's attempt to get the Clinton Administration to issue a compulsory license for a treatment for cancer.

• November 23, 2004. Arti K. Rai and Rebecca S. Eisenberg. Bayh-Dole Reform and the Progress of Biomedicine. Law and Contemporary Problems, Vol. 66, No. 1.

• January, 2001. Peter Arno and Michael Davis in the Tulane Law Review. Why Don’t We Enforce Existing Drug Price Controls? The Unrecognized and Unenforced Reasonable Pricing Requirements Imposed upon Patents Deriving in Whole or in Part from Federally Funded Research.

• April 11, 2002. Birch Bayh and Bob Dole's letter to the editor of the Washington Post in response to the March 27 op-ed on the Bahy-Dole Act. Our Law Helps Patients Get New Drugs Sooner.

• 1999. The Council on Governmental Relations (made up of faculty from a number of US universities.) The Bayh-Dole Act - A Guide to the Law and Implementing Regulations.

• June 2, 1998. Association of American Universities. University Technology Transfer of Government-Funded Research Has Wide Public Benefits.