42 U.S.C. § 7608 — Mandatory licensing

The Attorney General can act only after the Administrator applies for it, and only if two findings are made. First, under paragraph (1), the Attorney General must find: (A) that a U.S. patent right is being used or is meant for public or commercial use, is not otherwise reasonably available, and is necessary for someone to comply with limitations set under section 7411, 7412, or 7521 of this title; and (B) that there is no reasonable alternative way to meet that requirement. Second, under paragraph (2), the Attorney General must also find that not having access to the patent right could substantially lessen competition, or tend to create a monopoly, in some line of commerce somewhere in the country. If both findings are made, the Attorney General can certify this to a U.S. district court. The court, after a hearing, can order the patent's owner to license it to the person who needs it, on terms and conditions the court decides are reasonable. This certification must go to the district court for the district where the patent owner lives, does business, or is found.