Washington, D.C. partner Mercedes Meyers was quoted in a recent article from the World Intellectual Property Review titled, “Leahy demands Myriad ‘march-in rights.’” The article discusses Senator Patrick Leahy’s urge to the US National Institutes of Health (NIH) to force Myriad Genetics to license its patents directed to tests for breast and ovarian cancer by enacting the “march-in rights.” The “march-in rights” come under the Bayh-Doyle Act, which can force government-funded patents to be licensed in limited circumstances.
“If the rights were enacted [enforced], it could have a chilling effect on the use of government-funded inventions. A lot of stuff comes from universities and spin-offs, and corporations won’t want to invest in something they feel they don’t have control over,” said Mercedes.
She continued, “If you use the rights here, why not apply them to prostate or brain cancer, and why not extend them to something else. You create a slippery slope.”
To read the full article, click here.