42 U.S.C. § 2187 — Compensation, awards, and royalties

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 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; amended Pub. L. 87–206, § 11, Sept. 6, 1961, 75 Stat. 478; Pub. L. 93–276, title II, § 201, May 10, 1974, 88 Stat. 119; re- numbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT Sections 281, 283, and 284 of title 18, referred to in sub- sec. (a), were repealed by Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126, except as sections 281 and 283 apply to retired officers of the Armed Forces of the United States, and were supplanted by sections 203, 205, and 207, respectively, of Title 18, Crimes and Criminal Pro- cedures. For further details, see ‘‘Exemptions’’ note set out under section 203 of Title 18. This chapter, referred to in subsec. (b)(3), 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 clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 1811(e)(1) to (3) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1974—Subsec. (b)(3). Pub. L. 93–276 substituted ‘‘after consultation with the General Advisory Committee’’ for ‘‘upon the recommendation of the General Advisory Committee’’. 1961—Subsec. (d). Pub. L. 87–206 added subsec. (d). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. Pat- ent Compensation Board established by this section transferred to Energy Research and Development Ad- ministration and functions of Atomic Energy Commis- sion with respect thereto transferred to Administrator by section 5814(d) of this title. See, also, notes set out under sections 5814 and 5841 of this title. Energy Re- search and Development Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organi- zation and Employees. Executive Documents EX. ORD. NO. 11477. AWARDS BY COMMISSION WITHOUT APPROVAL OF PRESIDENT Ex. Ord. No. 11477, eff. Aug. 7, 1969, 34 F.R. 12937, pro- vided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: The Atomic Energy Commission is hereby designated and empowered, without approval, ratification, or other action by the President, to grant by the unani- mous affirmative vote of all of its members not more than five awards in any calendar year, not exceeding the sum of $5,000 each, pursuant to the last sentence of section 157b(3) of the Atomic Energy Act of 1954 (42 U.S.C. 2187(b)(3)) which authorizes the Commission to grant awards for especially meritorious contributions to the development, use, or control of atomic energy. RICHARD NIXON. MODIFICATION OF EXECUTIVE ORDER NO. 11477 Ex. Ord. No. 11477, Aug. 7, 1969, 34 F.R. 12937, set out as a note above, when referring to functions of the Atomic Energy Commission is modified to provide that all such functions shall be exercised by the Secretary of Energy and the Nuclear Regulatory Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out as a note under section 7151 of this title. § 2188. Monopolistic use of patents Whenever the owner of any patent hereafter granted for any invention or discovery of pri- mary use in the utilization or production of spe- cial nuclear material or atomic energy is found by a court of competent jurisdiction to have in- tentionally 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 in- cluded in the judgment of the court, in its dis- cretion and in addition to any other lawful sanc- tions, a requirement that such owner license such patent to any other licensee of the Com-