§ 272. — Temporary presence in the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC272]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 28--INFRINGEMENT OF PATENTS
Sec. 272. Temporary presence in the United States
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.
(July 19, 1952, ch. 950, 66 Stat. 812; Pub. L. 103-465, title V,
Sec. 533(b)(4), Dec. 8, 1994, 108 Stat. 4989.)
Historical and Revision Notes
This section follows the requirement of the International Convention
for the Protection of Industrial Property, to which the United States is
a party, and also codifies the holding of the Supreme Court that use of
a patented invention on board a foreign ship does not infringe a patent.
Amendments
1994--Pub. L. 103-465 substituted ``not offered for sale or sold''
for ``not sold''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective on date that is one year
after date on which the WTO Agreement enters into force with respect to
the United States [Jan. 1, 1995], with provisions relating to earliest
filed patent application, see section 534(a), (b)(3) of Pub. L. 103-465,
set out as a note under section 154 of this title.
Section Referred to in Other Sections
This section is referred to in section 157 of this title; title 42
section 2457.
