Title 42, The Public Health and WelfareRelease 119-102
§2188 Monopolistic Use of Patents
Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER XII — PATENTS AND INVENTIONS › § 2188
Summary
Courts can order a patent owner to license patents used for nuclear material or atomic energy to Commission licensees that need them if the owner is found to have deliberately violated the antitrust laws in section 2135(a). The court may require a reasonable royalty under section 2187.
Full Legal Text
Title 42, §2188
The Public Health and Welfare, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 2188
Title 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102