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35 U.S.C. § 183 — Right to compensation

Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 183 — Right to compensation

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Source file: Laws/federal/codes/united-states-code/title-35/section-183-right-to-compensation--0123acd7df.md
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Source location: Title 35, Chapter 17, § 183; chapter-017-secrecy-of-certain-inventions-and-filing-applications-in-foreign-country.md

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An applicant, his successors, assigns, or legal representatives, whose patent is withheld as herein provided, shall have the right, beginning at the date the applicant is notified that, except for such order, his application is otherwise in condition for allowance, or February 1, 1952, whichever is later, and ending six years after a patent is issued thereon, to apply to the head of any department or agency who caused the order to be issued for compensation for the damage caused by the order of secrecy and/or for the use of the invention by the Government, resulting from his disclosure. The right to compensation for use shall begin on the date of the first use of the invention by the Government. The head of the department or agency is authorized, upon the presentation of a claim, to enter into an agreement with the applicant, his successors, assigns, or legal representatives, in full settlement for the damage and/or use. This settlement agreement shall be conclusive for all purposes notwithstanding any other provision of law to the contrary. If full settlement of the claim cannot be effected, the head of the department or agency may award and pay to such applicant, his successors, assigns, or legal representatives, a sum not exceeding 75 per centum of the sum which the head of the department or agency considers just compensation for the damage and/or use. A claimant may bring suit against the United States in the United States Court of Federal Claims or in the District Court of the United States for the district in which such claimant is a resident for an amount which when added to the award shall constitute just compensation for the damage and/or use of the invention by the Government. The owner of any patent issued upon an application that was subject to a secrecy order issued pursuant to section 181, who did not apply for compensation as above provided, shall have the right, after the date of issuance of such patent, to bring suit in the United States Court of Federal Claims for just compensation for the damage caused by reason of the order of secrecy and/or use by the Government of the invention resulting from his disclosure. The right to compensation for use shall begin on the date of the first use of the invention by the Government. In a suit under the provisions of this section the United States may avail itself of all defenses it may plead in an action under [section 1498 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1498&num=0&edition=prelim). This section shall not confer a right of action on anyone or his successors, assigns, or legal representatives who, while in the full-time employment or service of the United States, discovered, invented, or developed the invention on which the claim is based.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1498 — Patent and copyright cases

**(a)** Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner’s remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture. Reasonable and entire compensation shall include the owner’s reasonable costs, including reasonable fees for expert witnesses and attorneys, in pursuing the action if the owner is an independent inventor, a nonprofit organization, or an entity that had no more than 500 employees at any time during the 5-year period preceding the use or manufacture of the patented invention by or for the United States. Nothwithstanding 11 So in original. Probably should be “Notwithstanding”. the preceding sentences, unless the action has been pending for more than 10 years from the time of filing to the time that the owner applies for such costs and fees, reasonable and entire compensation shall not include such costs and fees if the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.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. The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in t

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 2 — Powers and duties

**(a) In General.—** The United States Patent and Trademark Office, subject to the policy direction of the Secretary of Commerce— (1) shall be responsible for the granting and issuing of patents and the registration of trademarks; and (2) shall be responsible for disseminating to the public information with respect to patents and trademarks. **(b) Specific Powers.—** The Office— (1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated; (2) may establish regulations, not inconsistent with law, which— (A) shall govern the conduct of proceedings in the Office; (B) shall be made in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim); (C) shall facilitate and expedite the processing of patent applications, particularly those which can be filed, stored, processed, searched, and retrieved electronically, subject to the provisions of section 122 relating to the confidential status of applications; (D) may govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office; (E) shall recognize the public interest in continuing to safeguard broad access to the United States patent sys

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 183 — Right to compensation

Page 84 TITLE 35—PATENTS § 182 one year following cessation of hostilities. An order in effect, or issued, during a national emergency declared by the President shall re- main in effect for the duration of the national emergency and six months thereafter. The Com- missioner of Patents may rescind any order upon notification by the heads of the depart- ments and the chief officers of the agencies who caused the order to be issued that the publica- tion or disclosure of the invention is no longer deemed detrimental to the national security. (July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(7), 4732(a)(10)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, 1501A–582.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 151 (Feb. 1, 1952, ch. 4, § 1, 66 Stat. 3, 4). Language is changed. Editorial Notes AMENDMENTS 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(B)], substituted ‘‘Commissioner of Patents’’ for ‘‘Commissioner’’ wherever appearing. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(A)], in first par., inserted ‘‘by the publication of an applica- tion or’’ after ‘‘disclosure’’ and ‘‘the publication of the application or’’ after ‘‘withhold’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(B)], in- serted ‘‘by the publication of an application or’’ after ‘‘disclosure of an invention’’ in second par. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(C)], in third par., inserted ‘‘by the publication of the applica- tion or’’ after ‘‘disclosure of the invention’’ and ‘‘the publication of the application or’’ after ‘‘withhold’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(D)], in- serted ‘‘the publication of an application or’’ after ‘‘kept secret and’’

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