79TH CONG., 2D SESS.-CH. 724-AUG. 1, 1946 (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. (d) ACQUISITION OF PATENTS.- The Commission is authorized to purchase, or to take, requisition, or condemn, and make just compen- sation 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 Com- mission 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. (e) COMPENSATION AWARDS, AND ROYALTIES.- (1) PATENT COMPENSATION BOARD.-The Commission shall desig- nate a Patent Compensation Board, consisting of two or more employees of the Commission, to consider applications under this subsection. (2) ELIOIBILITY. - (A) Any owner of a patent licensed under subsection (c) (2) or any licensee thereunder may make application to the Commis- sion for the determination of a reasonable royalty fee in accord- ance with such procedures as it by regulation may establish. (B) Any person seeking to obtain the just compensation pro- vided 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 discovery useful in the production of fissionable material or in the utilization of fissionable material or atomic energy for a military weapon who is not entitled to compensation therefor under subsection (a) and 80634°-47-PT. --- 49 Ante, p. 764 . Royalty fee. Infringement of pat- ent. Notification by Commissioner of Pat- ents. Applications. 60 STAT.] 769
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