2017 US Code
Title 42 - The Public Health and Welfare
Chapter 23 - Development and Control of Atomic Energy
Division A - Atomic Energy
Subchapter XII - Patents and Inventions
Sec. 2188 - Monopolistic use of patents
| 42 U.S.C. § 2188 (2017) |
| §2188. Monopolistic use of patents |
|
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 title. |
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(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.) |
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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. |
| United States Code, 2012 Edition, Supplement 5, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY Division A - Atomic Energy SUBCHAPTER XII - PATENTS AND INVENTIONS Sec. 2188 - Monopolistic use of patents |
| section 2188 |
| 2017 |
| January 12, 2018 |
| No |
| standard |
| 68 Stat. 947 75 Stat. 478 106 Stat. 2944 |
| Public Law 87-206, Public Law 102-486 |
