Coalition RFI March In Rights Raimondo Locascio


December 26, 2023


December 22, 2023  

The Honorable Gina Raimondo  

Secretary of Commerce  

Washington, DC 20230 

The Honorable Laurie E. Locascio 

Under Secretary of Commerce for Standards and Technology  

Washington, DC 20230 

Re: Docket No.: 230831–0207-Request for Information Regarding the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights

Dear Secretary Raimondo and Undersecretary Locascio: 

The trade associations, companies, and individuals listed below, request a reasonable extension of the comment period for Docket No.: 230831–0207, the request for information regarding the draft interagency guidance framework for considering the exercise of march-in rights (“framework”). The framework presented calls for a complex and multifaceted analysis beyond what the current 60-day window allows.

The potential changes to march-in rights could alter the landscape of intellectual property rights across all industries and have far-reaching effects on research, development, commercialization, and innovation. Given the gravity of these issues, it is crucial that all stakeholders have ample time to fully understand the proposed changes and provide thoughtful and comprehensive feedback. However, the current comment period, which spans three federal holidays, and several religious holidays, is likely to pose a challenge to such a detailed review and response.

Given the importance of this issue to America’s innovation ecosystem, we request that the comment deadline be extended by an additional 90 days to ensure that all interested parties and industries can provide meaningful input. An extension would demonstrate the Department's commitment to a thorough and inclusive review process that meets all the legal requirements of notice and comment.

Thank you for considering our request. We look forward to contributing to the discussion on this critical issue and to you granting our request for an extension.


U.S. Chamber of Commerce 

Judge Paul R. Michel (Ret.) 

Licensing Executives Society (USA & Canada), Inc.   

James Edwards, Executive Director, Conservatives for Property Rights and Patent Policy Advisor, Eagle Forum Education & Legal Defense Fund 

Alliance of Startups and Inventors for Jobs (USIJ) 


Biotechnology Innovation Organization  

The Committee for Justice 

California Life Sciences 

Joseph Matal, Former Acting Director, U.S. Patent and Trademark Office.   

National Venture Capital Association 

Joshua Kresh (in his personal capacity), Interim Executive Director, Center for Intellectual Property x Innovation Policy (C-IP2)  

Information Technology & Innovation Foundation  

American Intellectual Property Law Association 

Telecommunications Industry Association (TIA) 

Judge Susan Braden (Ret.), Jurist-In-Residence, Center for Intellectual Property and Innovation Policy, Scalia Law School 

Small Business & Entrepreneurship Council 


Adam Mossoff, Professor of Law, Antonin Scalia Law School, George Mason University 

The Bayh-Dole Coalition  

Healthcare Leadership Council 

Coalition RFI March In Rights Raimondo Locascio