---
kind: "section"
citation: "40 C.F.R. § 95.3"
title: "40"
number: "95.3"
heading: "Findings prior to application to Attorney General."
url: "https://uscodex.org/cfr/40/95.3"
---

# §95.3. Findings prior to application to Attorney General.


The Administrator, or the Administrator's designee, may apply to the Attorney General for a mandatory patent license pursuant to section 308 of the Act ([42 U.S.C. 7608](/usc/42/7608.md)) either in response to a petition under [§ 95.2](/cfr/40/95.2.md) or on the Administrator's or designee's own initiative, only after expressly finding that each one of the following mandatory criteria is met:

- (a) The application is for a patent license covering no more than one patent;
- (b) The party to whom the proposed patent license is to be granted has presented the Administrator or designee with evidence that such party has made reasonable efforts to obtain a patent license from the patent owner with terms similar to the license terms to be proposed in the application to the Attorney General;
- (c) The patent under which a patent license is sought in the application to the Attorney General is being used or is intended for public or commercial use;
- (d) The mandatory patent license is necessary for a party to comply with the requirements of sections 111, 112 or 202 of the Act (42 U.S.C. [7411](/usc/42/7411.md), [7412](/usc/42/7412.md) or [7521](/usc/42/7521.md));
- (e) The patented technology is not otherwise reasonably available, and there are no other reasonable alternatives for accomplishing compliance with sections 111, 112 or 202 of the Act (42 U.S.C. [7411](/usc/42/7411.md), [7412](/usc/42/7412.md) or [7521](/usc/42/7521.md)); and
- (f) The unavailability of a mandatory patent license may result in a substantial lessening of competition or a tendency to create a monopoly in any line of commerce in any section of the United States.

## Notes

### Authority

Authority: 42 U.S.C. 7609; Sec. 104, Pub. L. 103-182, 107 Stat. 2057, 2064.

### Source

Source: 59 FR 67638, Dec. 30, 1994, unless otherwise noted.