Feb 26 2024

WASHINGTON, D.C. – Senator Thom Tillis and his colleagues recently sent a bipartisan, bicameral letter to President Biden regarding a new draft guidance framework from the National Institutes of Standards and Technology (NIST) on the use of march-in rights under the Bayh-Dole Act. 

The Bayh-Dole Act, enacted with your support in 1980, is a cornerstone of American innovation. The law has been the foundation of public-private partnerships that have driven our economy forward and improved public welfare, here and abroad, by turning federally-funded inventions into useful and widely available products. Importantly, it has allowed American universities— like the University of Delaware, North Carolina State University, Massachusetts Institute of Technology, Penn State University, and Arizona State University—and small businesses to commercialize products and be competitive in an increasingly global market,” the members wrote.  

“Unfortunately, the draft guidance framework that the National Institutes of Standards and Technology (NIST) recently issued on the use of march-in rights under the Bayh-Dole Act threatens this system without achieving its stated objective of reducing prescription drug prices. We urge you to reconsider the proposal,” the members continued. 

“American innovation is the envy of the world thanks in large part to the Bayh-Dole Act. The proposed NIST guidance attempts to change this landmark legislation’s long-established meaning without the consent of Congress. Such an action undermines the separation of powers enshrined in our constitutional system—all without even accomplishing its intended purpose of lowering drug prices. The draft framework will hamstring U.S. innovation to the advantage of our competitors and adversaries, and thus, we urge you to reconsider the NIST proposal,” the members concluded.

Read the full letter HERE.