CFR > Title 10 - Energy > CHAPTER III—DEPARTMENT OF ENERGY > PART 780—PATENT COMPENSATION BOARD REGULATIONS > SUBPART B—Declaring Patents Affected With the Public Interest Under Section 153a of the Atomic Energy Act of 1954 (§780.20 to §780.24) > 780.24—Criteria for declaring a patent affected with the public interest.

780.24—Criteria for declaring a patent affected with the public interest.

A patent shall be declared to be affected with the public interest pursuant to section 153a of the Act upon the Board's final decision that:
(a) 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
(b) The licensing of such invention or discovery under section 153 of the Act is of primary importance to effectuate the policies and purposes of the Act.