TPA Submits Comments on NIST’s Draft March-In Guidance

Taxpayers Protection Alliance

February 7, 2024

The Taxpayers Protection Alliance (TPA) submitted comments in response to the Request for Information (RFI) from the National Institute for Standards and Technology (NIST). This RFI is regarding the federal government’s march-in powers under the Bayh-Dole Act.

NIST’s proposed guidance updates would facilitate de facto price controls, weakening intellectual property rights for federally-funded projects. Consequently, it would also lower returns on taxpayer-funded investments. What’s more, all attempts at price controls are at odds with Bayh-Dole’s text and original public meaning, as the law’s authors have argued. For the good of taxpayers and American dynamism, TPA urged NIST to reconsider the proposed updates.

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