42 U.S.C. § 2185 — Prior art

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. 30, 1954. § 2185. Prior art In connection with applications for patents covered by this subchapter, the fact that the in- vention 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 en- ergy program of the United States. (Aug. 1, 1946, ch. 724, title I, § 155, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See, also, notes set out under those sections. § 2186. Commission patent licenses The Commission shall establish standard spec- ifications upon which it may grant a patent li- cense to use any patent declared to be affected with the public interest pursuant to section 2183(a) of this title. Such a patent license shall not waive any of the other provisions of this chapter. (Aug. 1, 1946, ch. 724, title I, § 156, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947; amended Pub. L. 96–517, § 7(a), Dec. 12, 1980, 94 Stat. 3027; re- numbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1980—Pub. L. 96–517 substituted ‘‘patent declared to be affected’’ for ‘‘patent held by the Commission or de- clared to be affected’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–517 effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as a note under section 41 of Title 35, Patents. TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See, also, notes set out under those sections. § 2187. Compensation, awards, and royalties (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 sec- tions 281, 283, or 284 1 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 di- rectly interested. (b) Eligibility (1) Any owner of a patent licensed under sec- tion 2188 or 2183(b) or 2183(e) of this title, or any patent licensee thereunder may make applica- tion 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 com- pensation provided in section 2181 of this title shall make application therefor to the Commis- sion in accordance with such procedures as the Commission may by regulation establish. (3) Any person making any invention or dis- covery 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 com- plied with the provisions of section 2181(c) of