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42 U.S.C. § 2185 — Prior art
Federal law — U.S. Code and appendices · legal_authorities
In connection with applications for patents covered by this subchapter, the fact that the invention or discovery was known or used before shall be a bar to the patenting of such invention or discovery even though such prior knowledge or use was under secrecy within the atomic energy program of the United States.
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Source location: Title 42, Chapter 23, § 2185; chapter-023-development-and-control-of-atomic-energy.md
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In connection with applications for patents covered by this subchapter, the fact that the invention or discovery was known or used before shall be a bar to the patenting of such invention or discovery even though such prior knowledge or use was under secrecy within the atomic energy program of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed.
**(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter.
**(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter.
**(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator.
**(e) Transfer to Administrator of certain functions of Secretary of the Interior
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Federal law — U.S. Code and appendices · legal_authorities
Page 5481
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2187
1 See References in Text note below.
1969—Subsec. (h). Pub. L. 91–161 substituted ‘‘Sep-
tember 1, 1974’’ for ‘‘September 1, 1969’’.
1964—Subsec. (h). Pub. L. 88–394 substituted ‘‘Sep-
tember 1, 1969’’ for ‘‘September 1, 1964’’.
1959—Subsec. (h). Pub. L. 86–50 substituted ‘‘Sep-
tember 1, 1964’’ for ‘‘September 1, 1959’’.
§ 2184. Injunctions; measure of damages
No court shall have jurisdiction or power to
stay, restrain, or otherwise enjoin the use of any
invention or discovery by a patent licensee, to
the extent that such use is licensed by section
2183(b) or 2183(e) of this title. If, in any action
against such patent licensee, the court shall de-
termine that the defendant is exercising such li-
cense, the measure of damages shall be the roy-
alty fee determined pursuant to section 2187(c)
of this title, together with such costs, interest,
and reasonable attorney’s fees as may be fixed
by the court. If no royalty fee has been deter-
mined, the court shall stay the proceeding until
the royalty fee is determined pursuant to sec-
tion 2187(c) of this title. If any such patent li-
censee shall fail to pay such royalty fee, the pat-
entee may bring an action in any court of com-
petent jurisdiction for such royalty fee, together
with such costs, interest, and reasonable attor-
ney’s fees as may be fixed by the court.
(Aug. 1, 1946, ch. 724, title I, § 154, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 946; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1811(c)(3) of this title, prior to the general
amendment and renumbering of act Aug. 1, 1946, by act
Aug
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