42 U.S.C. § 2190 — Saving clause for prior patent applica-

Page 5483 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201 1 See References in Text note below. mission who demonstrates a need therefor. If the court, at its discretion, deems that such li- censee 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. (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; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes 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. § 2189. Federally financed research Nothing in this chapter shall affect the right of the Commission to require that patents granted on inventions, made or conceived during the course of federally financed research or op- erations, be assigned to the United States. (Aug. 1, 1946, ch. 724, title I, § 159, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948; renumbered 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. § 2190. Saving clause for prior patent applica- tions Any patent application on which a patent was denied by the United States Patent and Trade- mark Office under sections 1811(a)(1), 1811(a)(2), or 1811(b) 1 of this title, and which is not prohib- ited by section 2181 or 2185 of this title may be reinstated upon application to the Commis- sioner of Patents and Trademarks within one year after August 30, 1954 and shall then be deemed to have been continuously pending since its original filing date: Provided, however, That no patent issued upon any patent application so reinstated shall in any way furnish a basis of claim against the Government of the United States. (Aug. 1, 1946, ch. 724, title I, § 160, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948; amended Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT Sections 1811(a)(1), 1811(a)(2), and 1811(b) of this title, referred to in text, were omitted from the Code in the general amendment and renumbering of act Aug. 1, 1946 (which was classified to section 1801 et seq. of this title) by act Aug. 30, 1954, ch. 1073, 68 Stat. 919. Statutory Notes and Related Subsidiaries CHANGE OF NAME Patent Office and Commissioner of Patents changed to Patent and Trademark Office and Commissioner of Patents and Trademarks, respectively, pursuant to Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949, set out as a note under section 1 of Title 35, Patents. SUBCHAPTER XIII—GENERAL AUTHORITY OF COMMISSION § 2201. General duties of Commission In the performance of its functions the Com- mission is authorized to— (a) Establishment of advisory boards establish advisory boards to advise with and make recommendations to the Commission on legislation, policies, administration, research, and other matters, provided that the Commis- sion issues regulations setting forth the scope, procedure, and limitations of the authority of each such board; (b) Standards governing use and possession of material establish by rule, regulation, or order, such standards and instructions to govern the pos- session and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desir- able to promote the common defense and secu- rity or to protect health or to minimize dan- ger to life or property; in addition, the Com- mission shall prescribe such regulations or or- ders as may be necessary or desirable to pro- mote the Nation’s common defense and secu- rity with regard to control, ownership, or pos- session of any equipment or device, or impor- tant component part especially designed for such equipment or device, capable of sepa- rating the isotopes of uranium or enriching uranium in the isotope 235; (c) Studies and investigations make such studies and investigations, ob- tain such information, and hold such meetings or hearings as the Commission may deem nec- essary or proper to assist it in exercising any authority provided in this chapter, or in the administration or enforcement of this chapter, or any regulations or orders issued thereunder. For such purposes the Commission is author- ized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce docu- ments, or both, at any designated place. Wit- nesses subpenaed under this subsection shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States; (d) Employment of personnel appoint and fix the compensation of such of- ficers and employees as may be necessary to carry out the functions of the Commission. Such officers and employees shall be appointed in accordance with the civil-service laws and