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42 U.S.C. § 2190 — Saving clause for prior patent applications
Federal law — U.S. Code and appendices · legal_authorities
Any patent application on which a patent was denied by the United States Patent and Trademark Office under sections 1811(a)(1), 1811(a)(2), or 1811(b) 11 See References in Text note below. of this title, and which is not prohibited by section 2181 or 2185 of this title may be reinstated upon application to the Commissioner of Patents and Trademarks within one year after August 30, 1954 and shall then be deemed to have been continuously pending since its original filing date: Provided, however, That no patent issued upon any patent application so reinstated shall in any way furnish a basis of claim against the Government of the United States.
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Source file: Laws/federal/codes/united-states-code/title-42/section-2190-saving-clause-for-prior-patent-applications--c457cb8c2f.md
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Source location: Title 42, Chapter 23, § 2190; chapter-023-development-and-control-of-atomic-energy.md
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Any patent application on which a patent was denied by the United States Patent and Trademark Office under sections 1811(a)(1), 1811(a)(2), or 1811(b) 11 See References in Text note below. of this title, and which is not prohibited by section 2181 or 2185 of this title may be reinstated upon application to the Commissioner of Patents and Trademarks within one year after August 30, 1954 and shall then be deemed to have been continuously pending since its original filing date: Provided, however, That no patent issued upon any patent application so reinstated shall in any way furnish a basis of claim against the Government of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed.
**(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter.
**(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter.
**(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator.
**(e) Transfer to Administrator of certain functions of Secretary of the Interior
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Federal law — U.S. Code and appendices · legal_authorities
Page 5483
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2201
1 See References in Text note below.
mission who demonstrates a need therefor. If
the court, at its discretion, deems that such li-
censee shall pay a reasonable royalty to the
owner of the patent, the reasonable royalty
shall be determined in accordance with section
2187 of this title.
(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; renum-
bered title I, Pub. L. 102–486, title IX, § 902(a)(8),
Oct. 24, 1992, 106 Stat. 2944.)
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.
§ 2189. Federally financed research
Nothing in this chapter shall affect the right
of the Commission to require that patents
granted on inventions, made or conceived during
the course of federally financed research or op-
erations, be assigned to the United States.
(Aug. 1, 1946, ch. 724, title I, § 159, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 948; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added
by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as
the Atomic Energy Act of 1954, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 2011 of this title and Tables.
§ 2190. Saving clause for prior patent applica-
tions
Any patent application on which a patent was
denied by the United States Pate
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2190
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