---
kind: "section"
citation: "42 U.S.C. § 2188"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2188"
heading: "Monopolistic use of patents"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2188"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XII — Patents and Inventions"
---

# §2188. Monopolistic use of patents


Whenever the [owner](/usc/42/13641.md?p=4) of any patent hereafter granted for any invention or discovery of primary use in the utilization or production of [special nuclear material](/usc/42/2014.md?p=aa) or [atomic energy](/usc/42/2014.md?p=c) 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 [section 2135(a) of this title](/usc/42/2135.md?p=a), 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](/usc/42/13641.md?p=4) license such patent to any other licensee of the [Commission](/usc/42/2014.md?p=f) who demonstrates a need therefor. If the court, at its discretion, deems that such licensee shall pay a reasonable royalty to the [owner](/usc/42/13641.md?p=4) of the patent, the reasonable royalty shall be determined in accordance with [section 2187 of this title](/usc/42/2187.md).


## 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.)

## Notes

### Editorial Notes

### Amendments

1961—Pub. L. 87–206 made it discretionary, rather than mandatory, for the court to require payment of royalties by a licensee to the owner of a patent.