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42 U.S.C. § 2223 — Patent application disclosures

submitted 80 years ago by ch. 724 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 133 words · no verdicts yet

in plain englishAI-generated · not legal advice

The United States must pay just compensation when the Commission discloses certain foreign patent-application data.

If the Commission gives a foreign nation Restricted Data based on a patent application that is not owned by the United States, the United States must pay the application’s owner just compensation set by the Commission. If the owner finds that amount unsatisfactory, the owner must be paid 75% of it and may sue the United States in the Court of Federal Claims or the appropriate district court under 28 U.S.C. § 1346 to recover enough more to make the total just compensation.

the actual law source: uscode.house.gov ↗public domain

In the event that the Commission communicates to any nation any Restricted Data based on any patent application not belonging to the United States, just compensation shall be paid by the United States to the owner of the patent application. The Commission shall determine such compensation. If the compensation so determined is unsatisfactory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the United States Court of Federal Claims or in any district court of the United States for the district in which such claimant is a resident in a manner provided by section 1346 of title 28 to recover such further sum as added to such 75 per centum will constitute just compensation.

Source credit: (Aug. 1, 1946, ch. 724, title I, § 173, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953; amended Pub. L. 97–164, title I, § 160(a)(16), Apr. 2, 1982, 96 Stat. 48; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

history & why it existsrecord from the source credit
  • 1946Enacted · Act of Aug. 1, 1946, ch. 724 · 68 Stat. 953
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 48
  • 1992Amended · Pub. L. 102-486 · 106 Stat. 2944
  • 1992Amended · Pub. L. 102-572 · 106 Stat. 4516

A history note hasn’t been published yet. The record shows enactment by ch. 724 on 1946-08-01.

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