§ 183. — Right of compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC183]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 17--SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN
FOREIGN COUNTRY
Sec. 183. Right to compensation
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 of this title, 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. 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.
(July 19, 1952, ch. 950, 66 Stat. 806; Pub. L. 97-164, title I,
Sec. 160(a)(12), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-572, title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 153 (Feb. 1, 1952, ch. 4,
Sec. 3, 66 Stat. 4, 5).
Language is changed.
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court'' in two places.
1982--Pub. L. 97-164 substituted ``United States Claims Court'' for
``Court of Claims'' in two places.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in section 157 of this title.
