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Title 35 — PatentsRelease 119-73

§183 Right to compensation

Title 35 › Part PART II— - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter CHAPTER 17— - SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRY › § 183

Last updated Apr 6, 2026|Official source

Summary

A patent applicant, or their heirs, assigns, or legal representatives, can ask the head of the federal department or agency that ordered secrecy to pay for harm caused by that secrecy or for the Government’s use of the invention. The claim can start either when the applicant is told the application would otherwise be allowed or on February 1, 1952, whichever is later, and ends six years after the patent is issued. Payment for government use starts on the date the Government first used the invention. The agency head may make a full settlement that is final. If a full settlement cannot be reached, the agency may pay up to 75% of what it thinks is fair. The claimant can then sue in the United States Court of Federal Claims or in the federal district court where they live to recover the remainder so the total equals just compensation. Anyone who invented the subject while working full-time for the United States has no right to recover.

Full Legal Text

Title 35, §183

Patents — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 153 (Feb. 1, 1952, ch. 4, § 3, 66 Stat. 4, 5). Language is changed.

Editorial Notes

Amendments

2011—Pub. L. 112–29 struck out “of this title” after “181”. 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 AmendmentAmendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that

Effective Date

, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

Effective Date

of 1992 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

35 U.S.C. § 183

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73