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Title 42, The Public Health and WelfareRelease 119-110

§7608 Mandatory Licensing

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

Last updated Sep 22, 2026|Official source

Summary

If the Administrator asks, the Attorney General can act when three things are true: to follow the rules in sections 7411, 7412, or 7521 a U.S. patent that is being used or meant for public or commercial use and not reasonably available is needed; there are no reasonable alternatives; and not having that patent could greatly reduce competition or create a monopoly. The Attorney General can ask a federal district court to order the patent owner to license the patent on reasonable terms the court sets after a hearing. The request can be sent to the district where the patent owner lives, does business, or is found.

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,
the Attorney General may so certify to a district court of the United States, which may issue an order requiring the person who owns such patent to license it on such reasonable terms and conditions as the court, after hearing, may determine. Such certification may be made to the district court for the district in which the person owning the patent resides, does business, or is found.

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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110