42 U.S.C. § 2190 — Saving clause for prior patent applications
submitted 80 years ago by ch. 724 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 103 words · no verdicts yet
A patent application denied for specified national-security reasons may be reinstated within the stated one-year period if sections 2181 and 2185 do not prohibit it. A reinstated application is treated as continuously pending, but it cannot support a claim against the United States.
A patent application denied by the United States Patent and Trademark Office under section 1811(a)(1), (a)(2), or (b) that is not prohibited by section 2181 or 2185 may be reinstated by applying to the Commissioner of Patents and Trademarks within one year after August 30, 1954. It is then treated as having remained pending continuously since its original filing date. A patent issued on a reinstated application may not provide any basis for a claim against the United States Government.
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) 1 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.
Source credit: (Aug. 1, 1946, ch. 724, title I, § 160, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948; amended Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
- 1946Enacted · Act of Aug. 1, 1946, ch. 724 · 68 Stat. 948
- 1975Amended · Pub. L. 93-596 · 88 Stat. 1949
- 1992Amended · Pub. L. 102-486 · 106 Stat. 2944
A history note hasn’t been published yet. The record shows enactment by ch. 724 on 1946-08-01.
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