
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2187]

 
                 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. 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 sections 
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 directly interested.
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    \1\ See References in Text note below.
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(b) Eligibility

    (1) Any owner of a patent licensed under section 2188 or 2183(b) or 
2183(e) of this title, or any patent licensee thereunder may make 
application 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 compensation provided in 
section 2181 of this title shall make application therefor to the 
Commission in accordance with such procedures as the Commission may by 
regulation establish.
    (3) Any person making any invention or discovery 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 complied with the provisions of section 2181(c) of 
this title may make application to the Commission for, and the 
Commission may grant, an award. The Commission may also, after 
consultation with the General Advisory Committee, and with the approval 
of the President, grant an award for any especially meritorious 
contribution 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 
consideration (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 financed research; and (D) the degree of 
utility, novelty, and importance of the invention or discovery, 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 compensation as provided 
for in section 2181 of this title, or in determining the amount of any 
award under subsection (b)(3) of this section, 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, Sec. 157, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 947; amended Pub. L. 87-206, Sec. 11, Sept. 6, 
1961, 75 Stat. 478; Pub. L. 93-276, title II, Sec. 201, May 10, 1974, 88 
Stat. 119; renumbered title I, Pub. L. 102-486, title IX, 
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

                       References in Text

    Sections 281, 283, and 284 of title 18, referred to in subsec. (a), 
were repealed by Pub. L. 87-849, Sec. 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 Procedures. For 
further details, see ``Exemptions'' note set out under section 203 of 
Title 18.


                            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).

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. Patent Compensation Board 
established by this section transferred to Energy Research and 
Development Administration and functions of Atomic Energy Commission 
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 Research 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 14 of Pub. L. 92-463, Oct. 6, 
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government 
Organization and Employees.

 Ex. Ord. No. 11477. Awards by Commission Without Approval of President

    Ex. Ord. No. 11477, eff. Aug. 7, 1969, 34 F.R. 12937, provided:
    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 unanimous 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2183, 2184, 2239, 2297h-12, 
5814 of this title.
