Does a third-party non-profit have standing?

[legaladvice807]

What is the name of your state (only U.S. law)? NY

Does a third-party non-profit have standing to sue a patent holder who created an invention that was funded by federal grants to force that holder to license the product?

I know that under the Bayh-Dole Act the government has March-in Rights, but can a random third party sue to force the patent holder to license the product?

Thanks in advance!

 

[quincy]

What is the name of your state (only U.S. law)? NY

Does a third-party non-profit have standing to sue a patent holder who created an invention that was funded by federal grants to force that holder to license the product?

I know that under the Bayh-Dole Act the government has March-in Rights, but can a random third party sue to force the patent holder to license the product?

Thanks in advance!

A random third party? Under certain circumstances, a university patent holder can be required by the government to grant a license to a third party.

Are you looking to sue a patent holder?

 

[legaladvice807]

A random third party? Under certain circumstances, a university patent holder can be required by the government to grant a license to a third party.

Are you looking to sue a patent holder?

Just doing research on the topic. By random I mean a non-profit organization that thinks that the patent in question is of particular need for the welfare of the general public. So if the federal agency does not exercise their march-in rights after being petitioned, can the non-profit appeal the decision of the agency or directly sue the patent holder to force them to license the product?

 

[quincy]

Just doing research on the topic. By random I mean a non-profit organization that thinks that the patent in question is of particular need for the welfare of the general public. So if the federal agency does not exercise their march-in rights after being petitioned, can the non-profit appeal the decision of the agency or directly sue the patent holder to force them to license the product?

Oh. The members of this forum really enjoy helping posters with novel writing, with their hypothetical questions and with their research.

Here is a good link: http://www.uspto.gov

Good luck.