
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: 42USC7608]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7608. Mandatory licensing

    Whenever the Attorney General determines, upon application of the 
Administrator--
        (1) that--
            (A) in the implementation of the requirements of section 
        7411, 7412, or 7521 of this title, a right under any United 
        States letters patent, which is being used or intended for 
        public or commercial use and not otherwise reasonably available, 
        is necessary to enable any person required to comply with such 
        limitation to so comply, and
            (B) there are no reasonable alternative methods to 
        accomplish such purpose, and

        (2) that the unavailability of such right may result in a 
    substantial lessening of competition or tendency to create a 
    monopoly in any line of commerce in any section of the country,

the Attorney General may so certify to a district court of the United 
States, which may issue an order requiring the person who owns such 
patent to license it on such reasonable terms and conditions as the 
court, after hearing, may determine. Such certification may be made to 
the district court for the district in which the person owning the 
patent resides, does business, or is found.

(July 14, 1955, ch. 360, title III, Sec. 308, as added Pub. L. 91-604, 
Sec. 12(a), Dec. 31, 1970, 84 Stat. 1708.)

                          Codification

    Section was formerly classified to section 1857h-6 of this title.


                            Prior Provisions

    A prior section 308 of act July 14, 1955, was renumbered section 315 
by Pub. L. 91-604 and is classified to section 7615 of this title.


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to act July 14, 1955, the Clean 
Air Act, as in effect immediately prior to the date of enactment of Pub. 
L. 95-95 [Aug. 7, 1977] to continue in full force and effect until 
modified or rescinded in accordance with act July 14, 1955, as amended 
by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, 
set out as an Effective Date of 1977 Amendment note under section 7401 
of this title.
