§2356 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Protects patent owners and owners of restricted technical information when U.S. agencies give aid. If a U.S. government patent is used in the United States without the owner’s permission, or if the government wrongly releases information it holds under an owner’s restrictions, the owner can make a claim. Before a lawsuit, the head of the agency can settle and pay such claims, but the claimant must accept the payment as full settlement. Money from this program cannot buy foreign-made drug or pharmaceutical products if making them in the U.S. would use a still-valid U.S. patent, unless the patent owner allows it, or a court has finally declared that patent invalid.

Title 22, §2356

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Whenever, in connection with the furnishing of assistance under this chapter—

(1)an invention or discovery covered by a patent issued by the United States Government is practiced within the United States without the authorization of the owner, or

(2)information, which is (A) protected by law, and (B) held by the United States Government subject to restrictions imposed by the owner, is disclosed by the United States Government or any of its officers, employees, or agents in violation of such restrictions,

(b)Before suit against the United States Government has been instituted, the head of the agency of the United States Government concerned may settle and pay any claim arising under the circumstances described in subsection (a) of this section. No claim may be paid under this subsection unless the amount tendered is accepted by the claimant in full satisfaction.

(c)Funds appropriated pursuant to this chapter shall not be expended by the United States Government for the acquisition of any drug product or pharmaceutical product manufactured outside the United States if the manufacture of such drug product or pharmaceutical product in the United States would involve the use of, or be covered by, an unexpired patent of the United States which has not previously been held invalid by an unappealed or unappealable judgment or decree of a court of competent jurisdiction, unless such manufacture is expressly authorized by the owner of such patent.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables.

Amendments

1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (a). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.

Statutory Notes and Related Subsidiaries

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.

§2356 Patents and Technical Information

Summary

Title 22, §2356

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata