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Title 42 — The Public Health and Welfare

Chapter 23 — Development and Control of Atomic Energy

§ 2188. Monopolistic use of patents

Statutory text

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, 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 83–724 · 68 Stat. 998

    Enacted · 42 U.S.C. § 2188

    Aug. 1, 1946, ch. 724, title I, § 158, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947

    Source evidence

    Code source credit
    Aug. 1, 1946, ch. 724, title I, § 158, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947

  2. Pub. L. 87–206 § 12 · 75 Stat. 475

    Changed · 42 U.S.C. § 2188

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 12. The second sentence of section 158 of the Atomic Energy Act of 1954, as amended, is amended to read as follows: “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 157.”

1 of 2 references resolved to an enrolled provision · 1 partial

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.

Credits

1946–1992 · 3 acts
  1. 1946Aug. 1, 1946, ch. 724, title I, § 158, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947
  2. 1961amended Pub. L. 87–206, § 12, , 75 Stat. 478
  3. 1992renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944.
Show as published

(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, , 75 Stat. 478; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s2188