FEDERAL · 42 U.S.C. · Chapter SUBCHAPTER III—GENERAL PROVISIONS
Mandatory licensing
42 U.S.C. § 7608
Title42 — The Public Health and Welfare
ChapterSUBCHAPTER III—GENERAL PROVISIONS
This text of 42 U.S.C. § 7608 (Mandatory licensing) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
42 U.S.C. § 7608.
Text
Whenever the Attorney General determines, upon application of the Administrator—
(1)that—
(A)in the implementation of the requirements of section 7411, 7412, or 7521 of this title, a right under any United States letters patent, which is being used or intended for public or commercial use and not otherwise reasonably available, is necessary to enable any person required to comply with such limitation to so comply, and
(B)there are no reasonable alternative methods to accomplish such purpose, and
(2)that the unavailability of such right may result in a substantial lessening of competition or tendency to create a monopoly in any line of commerce in any section of the country,
the Attorney General may so certify to a district court of the United States, which may issue an order requiring
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Related
§ 7411
42 U.S.C. § 7411
Source Credit
History
(July 14, 1955, ch. 360, title III, §308, as added Pub. L. 91–604, §12(a), Dec. 31, 1970, 84 Stat. 1708.)
Editorial Notes
Editorial Notes
Codification
Section was formerly classified to section 1857h–6 of this title.
Prior Provisions
A prior section 308 of act July 14, 1955, was renumbered section 315 by Pub. L. 91–604 and is classified to section 7615 of this title.
Statutory Notes and Related Subsidiaries
Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions
All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.
Codification
Section was formerly classified to section 1857h–6 of this title.
Prior Provisions
A prior section 308 of act July 14, 1955, was renumbered section 315 by Pub. L. 91–604 and is classified to section 7615 of this title.
Statutory Notes and Related Subsidiaries
Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions
All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.
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Bluebook (online)
42 U.S.C. § 7608, Counsel Stack Legal Research, https://law.counselstack.com/usc/42/7608.