Title 42The Public Health and WelfareRelease 119-73

§2190 Saving clause for prior patent applications

Title 42 › Chapter CHAPTER 23— - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter SUBCHAPTER XII— - PATENTS AND INVENTIONS › § 2190

Last updated Apr 6, 2026|Official source

Summary

Applications denied under 1811(a)(1), 1811(a)(2), or 1811(b) and not barred by 2181 or 2185 may be reinstated by applying to the Commissioner by August 30, 1955; reinstated applications count as continuously pending, but any resulting patent cannot support a claim against the U.S.

Full Legal Text

Title 42, §2190

The Public Health and Welfare — Source: USLM XML via OLRC

Any patent application on which a patent was denied by the United States Patent and Trademark Office under section 1811(a)(1), 1811(a)(2), or 1811(b) 11 See References in Text note below. 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1811(a)(1), 1811(a)(2), and 1811(b) of this title, referred to in text, were omitted from the Code in the general amendment and renumbering of act Aug. 1, 1946 (which was classified to section 1801 et seq. of this title) by act Aug. 30, 1954, ch. 1073, 68 Stat. 919.

Statutory Notes and Related Subsidiaries

Change of Name

Patent Office and Commissioner of Patents changed to Patent and Trademark Office and Commissioner of Patents and Trademarks, respectively, pursuant to Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949, set out as a note under section 1 of Title 35, Patents.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2190

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73