
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2183]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER XII--PATENTS AND INVENTIONS
 
Sec. 2183. Nonmilitary utilization


(a) Declaration of public interest

    The Commission may, after giving the patent owner an opportunity for 
a hearing, declare any patent to be affected with the public interest if 
(1) the invention or discovery covered by the patent is of primary 
importance in the production or utilization of special nuclear material 
or atomic energy; and (2) the licensing of such invention or discovery 
under this section is of primary importance to effectuate the policies 
and purposes of this chapter.

(b) Action by Commission

    Whenever any patent has been declared affected with the public 
interest, pursuant to subsection (a) of this section--
        (1) the Commission is licensed to use the invention or discovery 
    covered by such patent in performing any of its powers under this 
    chapter; and
        (2) any person may apply to the Commission for a nonexclusive 
    patent license to use the invention or discovery covered by such 
    patent, and the Commission shall grant such patent license to the 
    extent that it finds that the use of the invention or discovery is 
    of primary importance to the conduct of an activity by such person 
    authorized under this chapter.

(c) Application for patent

    Any person--
        (1) who has made application to the Commission for a license 
    under sections 2073, 2092, 2093, 2111, 2133 or 2134 of this title, 
    or a permit or lease under section 2097 of this title;
        (2) to whom such license, permit, or lease has been issued by 
    the Commission;
        (3) who is authorized to conduct such activities as such 
    applicant is conducting or proposes to conduct under a general 
    license issued by the Commission under sections 2092 or 2111 of this 
    title; or
        (4) whose activities or proposed activities are authorized under 
    section 2051 of this title,

may at any time make application to the Commission for a patent license 
for the use of an invention or discovery useful in the production or 
utilization of special nuclear material or atomic energy covered by a 
patent. Each such application shall set forth the nature and purpose of 
the use which the applicant intends to make of the patent license, the 
steps taken by the applicant to obtain a patent license from the owner 
of the patent, and a statement of the effects, as estimated by the 
applicant, on the authorized activities which will result from failure 
to obtain such patent license and which will result from the granting of 
such patent license.

(d) Hearings

    Whenever any person has made an application to the Commission for a 
patent license pursuant to subsection (c) of this section--
        (1) the Commission, within 30 days after the filing of such 
    application, shall make available to the owner of the patent all of 
    the information contained in such application, and shall notify the 
    owner of the patent of the time and place at which a hearing will be 
    held by the Commission;
        (2) the Commission shall hold a hearing within 60 days after the 
    filing of such application at a time and place designated by the 
    Commission; and
        (3) in the event an applicant applies for two or more patent 
    licenses, the Commission may, in its discretion, order the 
    consolidation of such applications, and if the patents are owned by 
    more than one owner, such owners may be made parties to one hearing.

(e) Commission's findings

    If, after any hearing conducted pursuant to subsection (d) of this 
section, the Commission finds that--
        (1) the invention or discovery covered by the patent is of 
    primary importance in the production or utilization of special 
    nuclear material or atomic energy;
        (2) the licensing of such invention or discovery is of primary 
    importance to the conduct of the activities of the applicant;
        (3) the activities to which the patent license are proposed to 
    be applied by such applicant are of primary importance to the 
    furtherance of policies and purposes of this chapter; and
        (4) such applicant cannot otherwise obtain a patent license from 
    the owner of the patent on terms which the Commission deems to be 
    reasonable for the intended use of the patent to be made by such 
    applicant,

the Commission shall license the applicant to use the invention or 
discovery covered by the patent for the purposes stated in such 
application on terms deemed equitable by the Commission and generally 
not less fair than those granted by the patentee or by the Commission to 
similar licensees for comparable use.

(f) Limitations on issuance of patent

    The Commission shall not grant any patent license pursuant to 
subsection (e) of this section for any other purpose than that stated in 
the application. Nor shall the Commission grant any patent license to 
any other applicant for a patent license on the same patent without an 
application being made by such applicant pursuant to subsection (c) of 
this section, and without separate notification and hearing as provided 
in subsection (d) of this section, and without a separate finding as 
provided in subsection (e) of this section.

(g) Royalty fees

    The owner of the patent affected by a declaration or a finding made 
by the Commission pursuant to subsection (b) or (e) of this section 
shall be entitled to a reasonable royalty fee from the licensee for any 
use of an invention or discovery licensed by this section. Such royalty 
fee may be agreed upon by such owner and the patent licensee, or in the 
absence of such agreement shall be determined for each patent license by 
the Commission pursuant to section 2187(c) of this title.

(h) Effective period

    The provisions of this section shall apply to any patent the 
application for which shall have been filed before September 1, 1979.

(Aug. 1, 1946, ch. 724, title I, Sec. 153, as added Aug. 20, 1954, ch. 
1073, Sec. 1, 68 Stat. 945; amended Pub. L. 86-50, Sec. 114, June 23, 
1959, 73 Stat. 87; Pub. L. 88-394, Sec. 1, Aug. 1, 1964, 78 Stat. 376; 
Pub. L. 91-161, Sec. 1, Dec. 24, 1969, 83 Stat. 444; Pub. L. 93-377, 
Sec. 6, Aug. 17, 1974, 88 Stat. 475; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)


                            Prior Provisions

    Provisions similar to this section were contained in section 
1811(c)(1), (2) of this title, prior to the general amendment and 
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.


                               Amendments

    1974--Subsec. (h). Pub. L. 93-377 substituted ``September 1, 1979'' 
for ``September 1, 1974''.
    1969--Subsec. (h). Pub. L. 91-161 substituted ``September 1, 1974'' 
for ``September 1, 1969''.
    1964--Subsec. (h). Pub. L. 88-394 substituted ``September 1, 1969'' 
for ``September 1, 1964''.
    1959--Subsec. (h). Pub. L. 86-50 substituted ``September 1, 1964'' 
for ``September 1, 1959''.

                          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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2184, 2186, 2187, 2239 of 
this title.
