
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: 42USC2188]

 
                 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. 2188. Monopolistic use of patents

    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, Sec. 158, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 947; amended Pub. L. 87-206, Sec. 12, Sept. 6, 
1961, 75 Stat. 478; renumbered title I, Pub. L. 102-486, title IX, 
Sec. 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.

                          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 section 2187 of this title.
