|
U.S. Code as of:
01/19/04
Section 7608. Mandatory licensing
Whenever the Attorney General determines, upon application of the
Administrator -
(1) that -
(A) in the implementation of the requirements of section
7411, 7412, or 7521 of this title, a right under any United
States letters patent, which is being used or intended for
public or commercial use and not otherwise reasonably
available, is necessary to enable any person required to comply
with such limitation to so comply, and
(B) there are no reasonable alternative methods to accomplish
such purpose, and
(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.
|
|