March-in rights for patent

If the owner of a patent sells a drug in the United States above the fair price published pursuant to section 3 or does not sell an adequate quantity to meet patient demand of a drug in the United States at the fair price published pursuant to section 3, the Secretary of Health and Human Services may assert the right to claim from the owner of any patent for such drug a nonexclusive, partially exclusive, or exclusive license in any field of use, upon terms that are reasonable under the circumstances.