§ 2185. Prior art.

In connection with applications for patents covered by this subchapter, the fact that the invention or discovery was known or used before shall be a bar to the patenting of such invention or discovery even though such prior knowledge or use was under secrecy within the atomic energy program of the United States. (Aug. 1, 1946, ch. 724, § 155, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2190 of this title.

§ 2186. Commission patent licenses.

The Commission shall establish standard specifications upon which it may grant a patent license to use any patent held by the Commission or declared to be affected with the public interest pursuant to section 2183 (a) of this title. Such a patent license shall not waive any of the other provisions of this chapter. (Aug. 1, 1946, ch. 724, § 156, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947.)

§ 2187. Compensation, awards, and royalties. (a) Patent Compensation Board

The Commission shall designate a Patent Compensation Board to consider applications under this section. The members of the Board shall receive a per diem compensation for each day spent in meetings or conferences, and all members shall receive their necessary traveling or other expenses while engaged in the work of the Board. The members of the Board may serve as such without regard to the provisions of sections 281, 283, or 284 of Title 18, except in so far as such sections may prohibit any such member from receiving compensation in respect of any particular matter which directly involves the Commission or in which the Commission is directly interested.

(b) Eligibility

(1) Any owner of a patent licensed under section 2188 or 2183(b) or 2183 (e) of this title, or any patent licensee thereunder may make application to the Commission for the determination of a reasonable royalty fee in accordance with such procedures as the Commission by regulation may establish.

(2) Any person seeking to obtain the just compensation provided in section 2181 of this title shall make application therefor to the Commission in accordance with such procedures as the Commission may by regulation establish.

(3) Any person making any invention or discovery useful in the production or utilization of special nuclear material or atmic energy, who is not entitled to compensation or a royalty therefor under this chapter and who has complied with the provisions of section 2181(c) of this title may make application to the Commission for, and the Commission may grant, an award. The Commission may also, upon the recommendation of the General Advisory Committee, and with the approval of the President, grant an award for any especially meritorious contribution to the development, use, or control of atomic energy.

(c) Standards

(1) In determining a reasonable royalty fee as provided for in section 2183(b) or 2183 (e) of this title, the Commission shall take into consideration (A) the advice of the Patent Compensation Board; (B) any defense, general or special, that might be pleaded by a defendant in an action for infringement; (C) the extent to which, if any, such patent was developed through federally financed research; and (D) the degree of utility, novelty, and importance of the invention or discovery, and may consider the cost to the owner of the patent of developing such invention or discovery or acquiring such patent.

(2) În determining what constitutes just compensation as provided for in section 2181 of this title, or in determining the amount of any award under subsection (b)(3) of this section, the Commission shall take into account the considerations set forth in paragraph (1) of this subsection and the actual use of such invention or discovery. Such compensation may be paid by the Commission in periodic payments or in a lump sum.

(d) Limitations

Every application under this section shall be barred unless filed within six years after the date on which first accrues the right to such reasonable royalty fee, just compensation, or award for which such application is filed. (Aug. 1, 1946, ch. 724, § 157, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947, and amended Sept. 6, 1961, Pub. L. 87-206, § 11, 75 Stat. 478.)

REFERENCES IN TEXT

Sections 281, 283, and 284 of Title 18, referred to in subsec. (a), were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, except as sections 281 and 283 apply to retired officers of the Armed Forces of the United States. These sections are now covered by sections 203, 205, and 207, respectively, of Title 18, Crimes and Criminal Procedures. See notes under former sections 281-284 of Title 18.

AMENDMENTS

1961-Subsec. (d). Pub. L. 87-206 added subsec. (d).

EX. ORD. NO. 11477. AWARDS BY COMMISSION WITHOUT APPROVAL OF PRESIDENT Ex. Ord. No. 11477, Aug. 7, 1969, 34 F.R. 12937, provided:

By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: The Atomic Energy Commission is hereby designated and empowered, without approval, ratification, or other action by the President, to grant by the unanimous affirmative vote of all of its members not more than five awards in any calendar year, not exceeding the sum of $5,000 each, pursuant to the last sentence of section 157b (3) of the Atomic Energy Act of 1954 (42 U.S.C. 2187(b) (3)) [subsec. (b) 3) of this section] which authorizes the Commission to grant awards for especially meritorious contributions to the development, use, or control of atomic energy. RICHARD NIXON

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2183, 2184, 2239 of this title.

§ 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 license 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, § 158, as added Aug. 30, 1954, ch 1073, § 1, 68 Stat. 942, and amended Sept. 6, 1916, Pub. L. 87-206, § 12, 75 Stat 478.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2187 of this title.

§ 2189. Federally financed research.

Nothing in this chapter shall affect the right of the Commission to require that patents granted on inventions, made or conceived during the course of federally financed research or operations, be assigned to the United States (Aug 1, 1946, ch 724, § 159, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 159.)

§ 2190. Saving clause for prior patent applications.

Any patent application on which a patent was denied by the United States Patent Office under sections 11(a)(1), 11(a)(2), or 11 (b) of the Atomic Energy Act of 1946, and which is not prohibited by section 2181 or 2185 of this title may be reinstated upon application to the Commissioner of Patents within one year after August 30, 1954 and shall then be deemed to have been continuously pending since its original filing date: Provided, however, That no patent issued upon any patent application so reinstated shall in any way furnish a basis of claim against the Government of the United States. (Aug. 1, 1946, ch. 724, 160, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948.)

REFERENCES IN TEXT

Sections 11(a)(1), 11(a)(2), and 11(b) of the Atomic Energy Act of 1946, referred to in the text, were formerly classified to section 1811(a)(1), (2), and (b) of this title.

Environmental Protection Agency

Statutory authority: Solid Wastes Disposal Act (P.L. 89-272, as amended by the Resources Recovery Act P.L. 91-512, 42 USC 3253 (c)).

42 U.S.C. 3253 (C), SUPP. V

(c) Provisions of grants or contracts to insure availability of information, uses, processes and patents; use of and adherence to Statement of Government Patent Policy

Any grant, agreement, or contract made or entered into under this section shall contain provisions effective to insure that all information,

uses, processes, patents and other developments resulting from any activity undertaken pursuant to such grant, agreement, or contract will be made readily available on fair and equitable terms to industries utilizing methods of solid-waste disposal and industries engaging in furnishing devices, facilities, equipment, and supplies to be used in connection with solid-waste disposal. In carrying out the provisions of this section, the Secretary and each department, agency, and officer of the Federal Government having functions or duties under this chapter shall make use of and adhere to the Statement of Government Patent Policy which was promulgated by the President in his memorandum of October 10, 1963.

Federal Communications Commission

Statutory authority: None.

Department of Health, Education, and Welfare

Statutory authority: Federal Coal Mine Health and Safety Act of 1969 (P.L. 91-173; 83 Stat. 742) Section 501 (c) 30 U.S.C. 951 (c).

30 U.S.C. 951(C)

No research, demonstrations, or experiments shall be carried out, contracted for, sponsored, cosponsored, or authorized under authority of this Act, unless all information, uses, products, processes, patents, and other developments resulting from such research, demonstrations, or experiments will (with such exception and limitation, if any, as the. Secretary or the Secretary of Health, Education, and Welfare may find to be necessary in the public interest) be available to the general public.

Department of Housing and Urban Development

Statutory authority: None.

Department of the Interior

Statutory authority: (a) Helium Act Amendments of September 13, 1960, (Section 4), Public Law 86-777, 74 Stat. 920, 50 U.S.C. 167b (1964).

(b) Saline Water Conversion Act of September 22, 1961 (Section 4b), Public Law 87-295, 75 Stat. 628, 42 U.S.C. 1954b (1964).

(c) Water Resources Research Act of July 17, 1964, Public Law 88379, 78 Stat. 330, 42 U.S.C. 1961c-3 (1964).

(d) Appalachian Regional Development Act of March 9, 1965, Public Law 89-4, as amended, 79 Stat. 5, as amended, 40 App. U.S.C. 302(e) (1964 Supp. V).

(e) Solid Waste Disposal Act of October 20, 1965, Public Law 89272, 79 Stat. 997, 42 U.S.C. 3253 (c) (1964 Supp. V).

(f) Federal Coal Mines Health and Safety Act of 1969, Public Law 91-173, 83 Stat, 742; Title V., Section 501 (c).

50 U.S.C. 167(b)

§ 167b. Production of helium; maintenance and operation of facilities; research.

The Secretary is authorized to maintain and operate helium production and purification plants together with facilities and accessories thereto to acquire, store, transport, sell, and conserve helium, helium-bearing natural gas, and helium-gas mixtures, to conduct exploration for and production of helium on and from the lands acquired, leased, or reserved; and to conduct or contract with public or private parties for experimentation and research to discover helium supplies and to improve processes and methods of helium production, purification, transportation, liquefaction, storage, and utilitization: Provided, however, That all research contracted for, sponsored, cosponsored, or authorized under authority of this chapter shall be provided for in such a manner that all information, uses, products, processes, patents and other developments resulting from such research developed by Government expenditure will (with such exceptions and limitations, if any, as the Secretary may find to be necessary in the interest of national defense) be available to the general public: And provided further, That noting contained herein shall be construed as to deprive the owner of any background patent relating thereto to such rights as he may have thereunder.

42 U.S.C. 1954 (b)

(b) All research within the United States contracted for, sponsored, cosponsored, or authorized under authority of sections 1951-1958 of this title, shall be provided for in such manner that all information, uses, products, processes, patents, and other developments resulting from such research developed by Government expenditure will (with such exceptions and limitations, if any, as the Secretary may find to be necessary in the interest of national defense) be available to the general public. This subsection shall not be so construed as to deprive the owner of any background patent relating thereto of such rights as he may have thereunder. (July 3, 1952, ch. 578, § 5, 66 Stat. 329, Sept. 22, 1961, Pub. L. 87-295, § 1, 75 Stat. 629).

42 U.S.C. 1961 (C-3)

§ 1961c-3. Availability to public of resulting information and developments a condition for expenditure of funds for scientific or technological research or development activity; background patent owners' rights.

No part of any appropriated funds may be expended pursuant to authorization given by this chapter for any scientific or technological research or development activity unless such expenditure is conditioned upon provisions determined by the Secretary of the Interior, with the approval of the Attorney General, to be effective to insure that all information, uses, products, processes, patents, and other developments resulting from that activity will with such exceptions and limi