42 USC § 2188 - Monopolistic use of patents

---
identifier: "/us/usc/t42/s2188"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 2188 - Monopolistic use of patents"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "2188"
section_name: "Monopolistic use of patents"
chapter_number: 23
chapter_name: "DEVELOPMENT AND CONTROL OF ATOMIC ENERGY"
subchapter_number: "XII"
subchapter_name: "PATENTS AND INVENTIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 1, 1946, ch. 724, title I, § 158, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947; amended Pub. L. 87–206, § 12, Sept. 6, 1961, 75 Stat. 478; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)"
---


# § 2188. Monopolistic use of patents

section 2135(a) of this titlesection 2187 of this title

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 , 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 .

---

**Source Credit**: (Aug. 1, 1946, ch. 724, title I, § 158, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947; amended Pub. L. 87–206, § 12, Sept. 6, 1961, 75 Stat. 478; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

## Editorial Notes

### Amendments

1961— made it discretionary, rather than mandatory, for the court to require payment of royalties by a licensee to the owner of a patent.