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42 U.S.C. § 2188 — Monopolistic use of patents
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2135/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_682ea6a5714df2fc45201fb5
Source file: Laws/federal/codes/united-states-code/title-42/section-2188-monopolistic-use-of-patents--dbf922bc29.md
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Source location: Title 42, Chapter 23, § 2188; chapter-023-development-and-control-of-atomic-energy.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2135/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Patent Compensation Board** The Commission shall designate a Patent Compensation Board to consider applications under this section. The members of the Board shall receive a per diem compensation for each day spent in meetings or conferences, and all members shall receive their necessary traveling or other expenses while engaged in the work of the Board. The members of the Board may serve as such without regard to the provisions of sections 281, 283, or 284 11 See References in Text note below. of title 18, except in so far as such sections may prohibit any such member from receiving compensation in respect of any particular matter which directly involves the Commission or in which the Commission is directly interested.
**(b) Eligibility**
(1) Any owner of a patent licensed under section 2188 or 2183(b) or 2183(e) of this title, or any patent licensee thereunder may make application to the Commission for the determination of a reasonable royalty fee in accordance with such procedures as the Commission by regulation may establish.
(2) Any person seeking to obtain the just compensation provided in [section 2181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2181&num=0&edition=prelim) shall make application therefor to the Commission in accordance with such procedures as the Commission may by regulation establish.
(3) Any person making any invention or discovery useful in the production or utilization of special nuclear material or atomic energy, who is not entitled to compensation or a royalty therefor under this chapter and who has complied with the provisions of [section 2181(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2181/c&num=0&edition=prelim) may make application
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2187
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815
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Federal law — U.S. Code and appendices · legal_authorities
Page 5482
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2188
this title may make application to the Commis-
sion for, and the Commission may grant, an
award. The Commission may also, after con-
sultation with the General Advisory Committee,
and with the approval of the President, grant an
award for any especially meritorious contribu-
tion to the development, use, or control of
atomic energy.
(c) Standards
(1) In determining a reasonable royalty fee as
provided for in section 2183(b) or 2183(e) of this
title, the Commission shall take into consider-
ation (A) the advice of the Patent Compensation
Board; (B) any defense, general or special, that
might be pleaded by a defendant in an action for
infringement; (C) the extent to which, if any,
such patent was developed through federally fi-
nanced research; and (D) the degree of utility,
novelty, and importance of the invention or dis-
covery, and may consider the cost to the owner
of the patent of developing such invention or
discovery or acquiring such patent.
(2) In determining what constitutes just com-
pensation as provided for in section 2181 of this
title, or in determining the amount of any
award under subsection (b)(3), the Commission
shall take into account the considerations set
forth in paragraph (1) of this subsection and the
actual use of such invention or discovery. Such
compensation may be paid by the Commission in
periodic payments or in a lump sum.
(d) Limitations
Every application under this section shall be
barred unless filed within six years after the
date on which first accrues the right to such
reasonable royalty fee, just compensation, or
award for which such application is filed.
(Aug. 1, 1946, ch. 724, title I, § 157, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 947; am
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