Title 35 — PatentsRelease 119-73
§272 Temporary presence in the United States
Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 28— - INFRINGEMENT OF PATENTS › § 272
Summary
Foreign craft from a reciprocal country temporarily or accidentally entering U.S. may use an invention for its needs without patent infringement, provided not offered, sold, or used to make items sold/exported from U.S.
Full Legal Text
Title 35, §272
Patents — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
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.
Editorial Notes
Amendments
1994—Pub. L. 103–465 substituted “not offered for sale or sold” for “not sold”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1994 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
35 U.S.C. § 272
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73