35 U.S.C. § 183 — Right to compensation (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 183 Right to compensation
This page consolidates MPEP guidance interpreting 35 U.S.C. § 183, including 1 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
Requests for compensation under 35 U.S.C. 183 must be made directly to the department or agency that issued the secrecy order, not to the Patent and Trademark Office.
What this section covers
- This section covers the requirement that requests for compensation under 35 U.S.C. 183 must be directed to the agency causing the secrecy order, not the Patent and Trademark Office.
- It specifies that compensation requests must be made directly to the department or agency which issued the secrecy order, ensuring proper handling and compliance with legal requirements.
Key obligations
- Practitioners must request compensation directly from the agency that caused the secrecy order, as per 35 U.S.C. 183.
- Failure to request compensation from the correct agency may result in non-compliance and potential loss of rights under 35 U.S.C. 183.
Practice notes
- Drafters should ensure that the request for compensation is clearly directed to the appropriate agency, as specified in 35 U.S.C. 183.
- It is crucial to avoid submitting compensation requests to the Patent and Trademark Office, as this may lead to administrative confusion or rejection of the request.
Official MPEP § 183 — Right to compensation
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 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 , 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.
(Amended Apr. 2, 1982, Public Law 97-164, sec. 160(a)(12), 96 Stat. 48; Oct. 29, 1992, Public Law 102-572, sec. 902 (b)(1), 106 Stat. 4516; amended Sept. 16, 2011, Public Law 112-29, sec. 20(j) (effective Sept. 16, 2012), 125 Stat. 284.)
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