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42 U.S.C. § 2188Monopolistic use of patents

submitted 80 years ago by ch. 724 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 139 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a patent owner intentionally violates specified antitrust laws through a covered patent, a court may require the owner to license it to a Commission licensee who needs it. The court may require a reasonable royalty set under section 2187.

If a court with jurisdiction finds that the owner of a newly granted patent for an invention or discovery primarily used to produce or use special nuclear material or atomic energy intentionally used the patent to violate an antitrust law listed in section 2135(a), the court may, in addition to other lawful sanctions, require the owner to license the patent to any Commission licensee who shows a need for it. If the court decides that licensee must pay a reasonable royalty, the royalty must be determined under section 2187.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1946Enacted · Act of Aug. 1, 1946, ch. 724 · 68 Stat. 947
  • 1961Amended · Pub. L. 87-206 · 75 Stat. 478
  • 1992Amended · Pub. L. 102-486 · 106 Stat. 2944

A history note hasn’t been published yet. The record shows enactment by ch. 724 on 1946-08-01.

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