[Patentpractice] Questions about compulsory licensing to the U.S. government or its contractorsa

[Patent Lawyer]

Assume a U.S. company owns a patent covering a particular thing (X).  The company can and does make that thing (X).  And the company has sufficient capacity to meet any current or expected government requirements for that thing (X).

Is the company required to grant a license to the U.S. government for the use of the company's patented technology?  I.e., to make or use the thing (X).

If the U.S. government does use the patented technology (that thing, X) without a license, is the company's only recourse under 28 USC 1498<https://www.law.cornell.edu/uscode/text/28/1498>?

Can the company be forced to license the patent to a third party to make that thing X?  It seems so under 28 USC 1498<https://www.law.cornell.edu/uscode/text/28/1498> if that third party is making the thing X for the US?

"For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States."

Please let me know if you have any articles or written discussions on this issue.

Thanks.


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