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35 U.S.C. § 272 — Temporary presence in the United States
Federal law — U.S. Code and appendices · legal_authorities
The use of any invention in any vessel, aircraft or vehicle of any country which affords similar privileges to vessels, aircraft or vehicles of the United States, entering the United States temporarily or accidentally, shall not constitute infringement of any patent, if the invention is used exclusively for the needs of the vessel, aircraft or vehicle and is not offered for sale or sold in or used for the manufacture of anything to be sold in or exported from the United States.
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Source file: Laws/federal/codes/united-states-code/title-35/section-272-temporary-presence-in-the-united-states--96d6cc503b.md
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Source location: Title 35, Chapter 28, § 272; chapter-028-infringement-of-patents.md
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The use of any invention in any vessel, aircraft or vehicle of any country which affords similar privileges to vessels, aircraft or vehicles of the United States, entering the United States temporarily or accidentally, shall not constitute infringement of any patent, if the invention is used exclusively for the needs of the vessel, aircraft or vehicle and is not offered for sale or sold in or used for the manufacture of anything to be sold in or exported from the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Contents.—** — Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States, and, if the invention is a process, of the right to exclude others from using, offering for sale or selling throughout the United States, or importing into the United States, products made by that process, referring to the specification for the particulars thereof.
(2) **Term.—** — Subject to the payment of fees under this title, such grant shall be for a term beginning on the date on which the patent issues and ending 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application or applications under section 120, 121, 365(c), or 386(c), from the date on which the earliest such application was filed.
(3) **Priority.—** — Priority under section 119, 365(a), 365(b), 386(a), or 386(b) shall not be taken into account in determining the term of a patent.
(4) **Specification and drawing.—** — A copy of the specification and drawing shall be annexed to the patent and be a part of such patent.
**(b) Adjustment of Patent Term.—**
(1) **Patent term guarantees.—**
(A) *Guarantee of prompt patent and trademark office responses.—* — Subject to the limitations under paragraph (2), if the issue of an original patent is delayed due to the failure of the Patent and Trademark Office to—
(i) provide at least one of the notifications under section 132 or a notice of allowance under section 151 not later than 14 months after—
(I) the d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Contract.—** — The term “contract” means any actual or proposed contract, agreement, understanding, or other arrangement, and includes any assignment, substitution of parties, or subcontract executed or entered into thereunder.
(2) **Made.—** — The term “made”, when used in relation to any invention, means the conception or first actual reduction to practice of such invention.
(3) **Person.—** — The term “person” means any individual, partnership, corporation, association, institution, or other entity.
**(b) Exclusive Property of United States.—**
(1) **In general.—** — An invention shall be the exclusive property of the United States if it is made in the performance of any work under any contract of the Administration, and the Administrator determines that—
(A) the person who made the invention was employed or assigned to perform research, development, or exploration work and the invention is related to the work the person was employed or assigned to perform, or was within the scope of the person’s employment duties, whether or not it was made during working hours, or with a contribution by the Government of the use of Government facilities, equipment, materials, allocated funds, information proprietary to the Government, or services of Government employees during working hours; or
(B) the person who made the invention was not employed or assigned to perform research, development, or exploration work, but the invention is nevertheless related to the contract, or to the work or duties the person was employed or assigned to perform, and was made during working hours, or with a contribution from the Government of the sort referred to in subparagraph (A).
(2) **Patent to united states.—** — If an invention is the exc
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Federal law — U.S. Code and appendices · legal_authorities
Page 109
TITLE 35—PATENTS
§ 273
under section 337 of the Tariff Act of 1930 [19 U.S.C.
1337], or under any other provision of law.’’
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–622 applicable only to the
supplying, or causing to be supplied, of any component
or components of a patented invention after Nov. 8,
1984, see section 106(c) of Pub. L. 98–622, set out as a
note under section 103 of this title.
REPORTS
TO CONGRESS; EFFECT
ON DOMESTIC INDUS-
TRIES OF PROCESS PATENT AMENDMENTS ACT OF 1988
Pub. L. 100–418, title IX, § 9007, Aug. 23, 1988, 102 Stat.
1567, provided that the Secretary of Commerce was to
make annual reports to Congress covering each of the
successive five 1-year periods beginning 6 months after
Aug. 23, 1988, on the effect of the amendments made by
subtitle A (§§ 9001–9007) of title IX of Pub. L. 100–418, en-
acting section 295 of this title and amending sections
154, 271, and 287 of this title, on those domestic indus-
tries that submit complaints to the Department of
Commerce alleging that their legitimate sources of
supply have been adversely affected by the amend-
ments.
§ 272. Temporary presence in the United States
The use of any invention in any vessel, air-
craft or vehicle of any country which affords
similar privileges to vessels, aircraft or vehicles
of the United States, entering the United States
temporarily or accidentally, shall not constitute
infringement of any patent, if the invention is
used exclusively for the needs of the vessel, air-
craft or vehicle and is not offered for sale or sold
in or used for the manufacture of anything to be
sold in or exported from the United States.
(July 19, 1952, ch. 950, 66 Stat. 812; Pub. L.
103–465, title V, § 533(b)(4), Dec. 8, 1994, 108 Stat.
4989.)
HISTOR
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 272
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