42 U.S. Code § 2183 - Nonmilitary utilization
The Commission may, after giving the patent owner an opportunity for a hearing, declare any patent to be affected with the public interest if (1) the invention or discovery covered by the patent is of primary importance in the production or utilization of special nuclear material or atomic energy; and (2) the licensing of such invention or discovery under this section is of primary importance to effectuate the policies and purposes of this chapter.
The Commission shall not grant any patent license pursuant to subsection (e) of this section for any other purpose than that stated in the application. Nor shall the Commission grant any patent license to any other applicant for a patent license on the same patent without an application being made by such applicant pursuant to subsection (c) of this section, and without separate notification and hearing as provided in subsection (d) of this section, and without a separate finding as provided in subsection (e) of this section.
The owner of the patent affected by a declaration or a finding made by the Commission pursuant to subsection (b) or (e) of this section shall be entitled to a reasonable royalty fee from the licensee for any use of an invention or discovery licensed by this section. Such royalty fee may be agreed upon by such owner and the patent licensee, or in the absence of such agreement shall be determined for each patent license by the Commission pursuant to section 2187(c) of this title.
The provisions of this section shall apply to any patent the application for which shall have been filed before September 1, 1979.
This chapter, referred to in subsecs. (a), (b), and (e)(3), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
Provisions similar to this section were contained in section 1811(c)(1), (2) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
1974—Subsec. (h). Pub. L. 93–377 substituted “September 1, 1979” for “September 1, 1974”.
1969—Subsec. (h). Pub. L. 91–161 substituted “September 1, 1974” for “September 1, 1969”.
1964—Subsec. (h). Pub. L. 88–394 substituted “September 1, 1969” for “September 1, 1964”.
1959—Subsec. (h). Pub. L. 86–50 substituted “September 1, 1964” for “September 1, 1959”.
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