42-U.S.C.-2188

§2188 – Monopolistic Use of Patents

Pathway

Title 42 > Chapter 23 > Subchapter XII > Section 2188

Details

• Reference: Section 2188
• Legend: §2188 – Monopolistic Use of Patents
• USCode Year: 2011

Provision Content

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.

(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; renumbered title I, Pub. L. 102–486, title IX, §902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

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.

U.S. Encyclopedia of Law Coverage

42-U.S.C.-2184 in the Legal Encyclopedia: Atomic Energy

In this entry about 42-U.S.C.-2184, find legal reference material, bibliographies and premiere content related to atomic energy in the American Encyclopedia of Law, presenting a comprehensive view of the United States atomic energy-specific issues, written by authorities in the field.

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