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

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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:

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

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.