Page:United States Statutes at Large Volume 68 Part 1.djvu/977

 68 S T A T. ]

PUBLIC LAW 7 0 3 - A U G. 30, 1954

in accordance with the procedures governing the appeals from the Board of Patent Interferences. "If the statement filed by the applicant should thereafter be found to contain false material statements any notification by the Commission that it has no objections to the issuance of a patent to the applicant shall not be deemed in any respect to constitute a waiver of the provisions of this section or of any applicable civil or criminal statute, and the Commission may have the title to the patent transferred to the Commission on the records of the Commissioner of Patents in accordance with the provisions of this section. "SEC. 153. NONMILITARY UTILIZATION.—

"a. The Commission may, after giving the patent owner an opportunity for a hearing, declare any patent to be affected with the public interest if (1) the invention or discovery covered by the patent is of primary importance in the production or utilization of special nuclear material or atomic energy; and (2) the licensing of such invention or discovery under this section is of primary importance to effectuate the policies and purposes of this Act. "6. Whenever any patent has been declared affected with the public interest, pursuant to subsection 153 a.— "(1) 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 "(2) any person may apply to the Commission for a nonexclusive patent license to use the invention or discovery covered by such patent, and the Commission shall grant such patent license to the extent that it finds that the use of the invention or discovery is of primary importance to the conduct of an activity by such person authorized under this Act. "c. Any person— "(1) who has made application to the Commission for a license under sections 53, 62, 63, 81,103, or 104, or a permit or lease under section 67; "(2) to whom such license, permit, or lease has been issued by the Commission; "(3) who is authorized to conduct such activities as such applicant is conducting or proposes to conduct under a general license issued by the Commission under sections 62 or 81; or "(4) whose activities or proposed activities are authorized under section 31, may at any time make application to the Commission for a patent license for the use of an invention or discovery useful in the production or utilization of special nuclear material or atomic energy covered by a patent. Each such application shall set forth the nature and purpose of the use which the applicant intends to make of the patent license, the steps taken by the applicant to obtain a patent license from the owner of the patent, and a statement of the effects, as estimated by the applicant, on the authorized activities which will result from failure to obtain such patent license and which will result from the granting of such patent license. "d. Whenever any person has made an application to the Commission for a patent license pursuant to subsection 153 c.— "(1) the Commission, within 30 days after the filing of such application, shall make available to the owner of the patent all of the information contained in such application, and shall notify the owner of the patent of the time and place at which a hearing will be held by the Commission;

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