March-in rights, which have never been used before, allow the government to grant additional licenses to third parties for products developed using federal funds if the original patent holder does not make them available to the public on reasonable terms.

U.S. government will not force Pfizer Inc and Astellas Pharma Inc to lower the price of their prostate cancer drug Xtandi using its emergency “marchin” authority, the National Institutes of Health (NIH) said on Tuesday.