federal_register: 94-32268
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
This data as json
| document_number | title | type | abstract | publication_date | pub_year | pub_month | html_url | pdf_url | agency_names | agency_ids | excerpts |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 94-32268 | Mandatory Patent Licenses Under Section 308 of the Clean Air Act | Uncategorized Document | On occasion, a party attempting to comply with a standard of the Clean Air Act [CAA] may be unable to meet the standard without resort to a patented technology. CAA section 308 provides a mechanism by which such a non-complying party may obtain a patent license where it has been unsuccessful in its attempts to obtain a license on its own. Under CAA section 308, the United States may require the owner of the patented technology to grant the non-complying party a patent license in exchange for a reasonable royalty if the patented technology is necessary to meet the requirements in certain sections of the CAA. The North American Free Trade Agreement (NAFTA) imposes certain limits on the ability of the United States to force patent owners to grant licenses under their patents. Section 104(b) of the North American Free Trade Implementation Act requires EPA to issue a regulation conforming CAA section 308 with the mandatory patent licensing restrictions found in NAFTA article 1709(10). EPA is issuing this rule to ensure that EPA's implementation of CAA section 308 conforms with the requirements of NAFTA article 1709(10). The rule establishes the policies and procedures EPA will follow prior to applying to the Attorney General for a mandatory license under a patent covering a technology necessary to enable compliance with the new stationary sources standards, hazardous air pollutants standards, or motor vehicle emission standards of the CAA. | 1994-12-30 | 1994 | 12 | https://www.federalregister.gov/documents/1994/12/30/94-32268/mandatory-patent-licenses-under-section-308-of-the-clean-air-act | Environmental Protection Agency | 145 | On occasion, a party attempting to comply with a standard of the Clean Air Act [CAA] may be unable to meet the standard without resort to a patented technology. CAA section 308 provides a mechanism by which such a non-complying party may obtain a... |