Use of in ventions for research. Patents affected with public interest. Royalty fee. Infringement of patent. for the filing of such report. The report covering any such invention or discovery shall be filed on or before whichever of the following is the latest: (A) The sixtieth day after the date of enactment of this Act; (B) the sixtieth day after the completion of such invention or discovery; or (C) the sixtieth day after such person first discovers or first has reason to believe that such invention or discovery is useful in such production or utilization. (b) USE OF INVENTIONS FOR RESEARCH.--No patent hereafter granted shall confer any rights with respect to any invention or discovery to the extent that such invention or discovery is used in the conduct of research or development activities in the fields specified in section 3. Any rights conferred by any patent heretofore granted for any invention or discovery are hereby revoked to the extent that such invention or discovery is so used, and just compensation shall be made therefor. (c) NONMILITARY UTILIZATION. (1) It shall be the duty of the Commission to declare any patent to be affected with the public interest if (A) the invention or discovery covered by the patent utilizes or is essential in the utilization of fissionable material or atomic energy; and (B) the licensing of such invention or discovery under this subsection is necessary to effectuate the policies and purposes of this Act. (2) Whenever any patent has been declared, pursuant to paragraph (1), to be affected with the public interest (A) The Commission is hereby licensed to use the invention or discovery covered by such patent in performing any of its powers under this Act; and (B) Any person to whom a license has been issued under section 7 is hereby licensed to use the invention or discovery covered by such patent to the extent such invention or discovery is used by him in carrying on the activities authorized by his license under section 7. The owner of the patent shall be entitled to a reasonable royalty fee for any use of an invention or discovery licensed by this subsection. Such royalty fee may be agreed upon by such owner and the licensee, or in the absence of such agreement shall be determined by the Commission. (3) No court shall have jurisdiction or power to stay, restrain, or otherwise enjoin the use of any invention or discovery by a licensee, to the extent that such use is licensed by paragraph (2) above, on the ground of infringement of any patent. If in any action for infringement against such licensee the court shall determine that the defendant is exercising such license, the measure of damages shall be the royalty fee determined pursuant to this section, together with such costs, interest, and reasonable attorney's fees as may be fixed by the court. If no royalty fee has been determined, the court shall stay the proceeding until the royalty fee is determined pursuant to this section. If any such licensee shall fail to pay such royalty fee, the patentee may bring an action in any court of competent jurisdiction for such royalty fee, together with such costs, interest, and reasonable attorney's fees as may be fixed by the court. of patents (d) ACQUISITION OF PATENTS.-The Commission is Acquisition authorized to purchase, or to take, requisition, or con- by AEC. demn, and make just compensation for, (1) any invention or discovery which is useful in the production of fissionable material or in the utilization of fissionable material or atomic energy for a military weapon, or which utilizes or is essential in the utilization of fissionable material or atomic energy, or (2) any patent or patent application covering any such invention or discovery. The Commissioner of Patents shall notify the Commission of all applications for patents heretofore or hereafter filed which in his opinion disclose such inventions or discoveries and shall provide the Commission access to all such applications. (1) COMPENSATION AWARDS, AND ROYALTIES mission shall designate a Patent Compensation Board, consisting of two or more employees of the Commission, to consider applications under this subsection. (2) ELIGIBILITY. Notification by of Patents. Commissioner (A) Any owner of a patent licensed under sub- Applications. section (c) (2) or any licensee thereunder may make application to the Commission for the determination of a reasonable royalty fee in accordance with such procedures as it by regulation may establish. (B) Any person seeking to obtain the just compensation provided in subsections (a), (b), or (d) shall make application therefor to the Commission in accordance with such procedures as it may by regulation establish. (C) Any person making any invention or dis- (D) Any person making application under this Counsel. (3) STANDARDS.—— of royalty fee. (A) In determining such reasonable royalty fee, Determination the Commission shall take into consideration any defense, general or special, that might be pleaded by a defendant in an action for infringement, the Determination of compensation. Payment of awards. Judicial review of patent awards. Advisory boards. extent to which, if any, such patent was developed through federally financed research, the degree of utility, novelty, and importance of the invention or discovery, and may consider the cost to the owner of the patent of developing such invention or discovery or acquiring such patent. (B) In determining what constitutes just compensation under subsection (a), (b), or (d) above, the Commission shall take into account the considerations set forth in paragraph (A) above, and the actual use of such invention or discovery, and may determine that such compensation be paid in periodic payments or in a lump sum. (C) In determining the amount of any award under paragraph (2) (C) of this subsection, the Commission shall take into account the considerations set forth in paragraph (A) above, and the actual use of such invention or discovery. Awards so made may be paid by the Commission in periodic payments or in a lump sum. (4) JUDICIAL REVIEW.-Any person aggrieved by any determination of the Commission of an award or of a reasonable royalty fee may obtain a review of such determination in the Court of Appeals for the District of Columbia by filing in such court, within thirty days after notice of such determination, a written petition praying that such determination be set aside. A copy of such petition shall be forthwith served upon the Commission and thereupon the Commission shall file with the court a certified transcript of the entire record in the proceeding, including the findings and conclusions upon which the determination was based. Upon the filing of such transcript the court shall have exclusive jurisdiction upon the record certified to it to affirm the determination in its entirety or set it aside and remand it to the Commission for further proceedings. The findings of the Commission as to the facts, if supported by substantial evidence, shall be conclusive. The court's judgment shall be final, subject, however, to review by the Supreme Court of the United States upon writ of certiorari on petition therefor under section 240 of the Judicial Code (U. S. C., title 28, sec. 347),25 by the Commission or any party to the court proceeding. GENERAL AUTHORITY (42 U. S. C. 1812) SEC. 12. (a) In the performance of its functions the Commission is authorized to— (1) establish advisory boards to advise with and make recommendations to the Commission on legis *Sec. 240 of the Judicial Code was repealed and reenacted by Public Law 773, 80th Cong., as sec. 1254 of title 28, U. S. C. Text of title 28, U. S. Code, sec. 1254, will be found in appendix E, item No. 5, p. 54. lation, policies, administration, research, and other Standards to matters; (2) establish by regulation or order such standards and instructions to govern the possession and use of fissionable and byproduct materials as the Commission may deem necessary or desirable to protect health or to minimize danger from explosions and other hazards to life or property; govern use of materials, etc. ings, etc. Administration (3) make such studies and investigations, obtain Studies, hearsuch information, and hold such hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this Act, or in the administration or enforcement of this Act, or any regulations or orders issued thereunder. For such purposes the Commission is authorized of oaths, etc. to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce documents, or both, at any designated place. No person shall be excused from complying with any requirements under this paragraph because of his privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of February 11, 1893 (U. S. C., title 49, sec. 46),26 shall apply with respect to any individual who specifically claims such privilege. Witnesses subpenaed under this subsection shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States; (4) appoint and fix the compensation of such offi- Officers and cers and employees as may be necessary to carry out the functions of the Commission. Such officers and employees shall be appointed in accordance with the civil-service laws and their compensation fixed in accordance with the Classification Act of 1923,27 as amended, except that to the extent the Commission deems such action necessary to the discharge of its responsibilities, personnel may be employed and their compensation fixed without regard to such laws. The Commission shall make adequate provision for administrative review of any determination to dismiss any employee; employees. Acquisition of (5) acquire such materials, property, equipment, property, etc. and facilities, establish or construct such buildings and facilities, and modify such buildings and facilities from time to time as it may deem necessary, and construct, acquire, provide, or arrange for such facilities and services (at project sites where such facilities and services are not available) for the housing, health, safety, welfare, and recreation of * Text of title 49, U. S. Code, sec. 46, will be found in appendix E, item No. 6, p. 55. The citation to the Classification Act of 1923, as amended, will be found in appendix E, item No. 7, p. 55. 37975-53 personnel employed by the Commission as it may deem necessary; (6) with the consent of the agency concerned, utilize or employ the services or personnel of any Government agency or any State or local government, or voluntary or uncompensated personnel, to perform such functions on its behalf as may appear desirable; (7) acquire, purchase, lease, and hold real and personal property as agent of and on behalf of the United States and to sell, lease, grant, and dispose of such real and personal property as provided in this Act; and (8) without regard to the provisions of the Surplus Property Act of 1941 28 or any other law, make such disposition as it may deem desirable of (A) radioactive materials, and (B) any other property the special disposition of which is, in the opinion of the Commission, in the interest of the national security. (9) authorize such of its members, officers and employees as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also authorize such of those employees of its contractors engaged in guard duties at facilities owned by the United States as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties.29 (10) make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this Act.29 (b) SECURITY.-The President may, in advance, exempt any specific action of the Commission in a particular matter from the provisions of law relating to contracts whenever he determines that such action is essential in the interest of the common defense and security. (c) ADVISORY COMMITTEES.-The members of the General Advisory Committee established pursuant to section 2 (b) and the members of advisory boards established pursuant to subsection (a) (1) of this section may serve as such without regard to the provisions of sections 109 and 113 of the Criminal Code 30 (18 U. S. C., secs. 198 and 28 Citations to the Surplus Property Act of 1944 will be found in appendix E, item No. 8, p. 56. 29 Secs. 12 (a) (10) and (11) were added on July 31, 1953 by Public Law 164, 83d Cong. (67 Stat. 757, 42 U. S. C. 1812). (See S. 2399 (July 15, 1953) and S. Rept. 603 (July 15, 1953); see also H. R. 6305 (July 15, 1953).) For legislative history index to Public Law 164, 83d Cong., see index to S. 2399 in appendix D, p. 47. 30 Secs. 109 and 113 of the Crinrinal Code (18 U. S. C., secs. 198 and 203) were repealed and reenacted by Public Law 772, 80th Cong., as secs. 283 and 281. respectively, of title 18, U. S. C. Text of title 18. U. S. Code, secs. 283 and 281, will be found in appendix E, item No. 9, p. 56. |