Title 42The Public Health and WelfareRelease 119-73

§7608 Mandatory licensing

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 7608

Last updated Apr 6, 2026|Official source

Summary

The Attorney General must decide, after the Administrator asks, whether two things are true. First, that to meet the rules in sections 7411, 7412, or 7521 a U.S. patent right being used or planned for public or commercial use is needed, is not reasonably available, and there is no reasonable alternative. Second, that not having that patent could greatly reduce competition or tend to create a monopoly in any line of business anywhere in the country.

Full Legal Text

Title 42, §7608

The Public Health and Welfare — Source: USLM XML via OLRC

Whenever the Attorney General determines, upon application of the Administrator— (1)
(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,

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Modification or Rescission of Rules,

Regulations

, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other ActionsAll 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 L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7608

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73