FEDERAL · 42 U.S.C. · Chapter 23
Monopolistic use of patents
Current through Pub. L. 119-102
Title 42 — The Public Health and Welfare·Ch. 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY·Subch. XII
Whenever the owner of any patent hereafter granted for any invention or discovery of primary use in the utilization or production of special nuclear material or atomic energy is found by a court of competent jurisdiction to have intentionally used such patent in a manner so as to violate any of the antitrust laws specified in section 2135(a) of this title, there may be included in the judgment of the court, in its discretion and in addition to any other lawful sanctions, a requirement that such owner license such patent to any other licensee of the Commission who demonstrates a need therefor. If the court, at its discretion, deems that such licensee shall pay a reasonable royalty to the owner of the patent, the reasonable royalty shall be determined in accordance with section 2187 of this
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42 U.S.C. § 2188 (Monopolistic use of patents) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Piper v. Atomic Energy Commission
502 F.2d 1393 (Customs and Patent Appeals, 1974)
Source Credit
History
(Aug. 1, 1946, ch. 724, title I, §158, as added Aug. 30, 1954, ch. 1073, §1, 68 Stat. 947; amended Pub. L. 87–206, §12, Sept. 6, 1961, 75 Stat. 478; renumbered title I, Pub. L. 102–486, title IX, §902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
Editorial Notes
Editorial Notes
Amendments
1961—Pub. L. 87–206 made it discretionary, rather than mandatory, for the court to require payment of royalties by a licensee to the owner of a patent.
Amendments
1961—Pub. L. 87–206 made it discretionary, rather than mandatory, for the court to require payment of royalties by a licensee to the owner of a patent.