§183 Right to Compensation

Summary

Gives an applicant (or their successors, assigns, or legal reps) the right to seek money for harm caused by a secrecy order and for the Government’s use of the invention. That right starts on the later of the date the applicant is told the application would be allowed except for the secrecy order or February 1, 1952, and lasts until six years after the patent issues. Payment for Government use runs from the date the Government first used the invention. The head of the department or agency that issued the order can agree to a full, binding settlement. If a full settlement can’t be made, that official may pay up to 75 percent of what they think is fair. The claimant may then sue in the U.S. Court of Federal Claims or in their federal district court for the rest. A patent owner who did not seek payment earlier may sue in the Court of Federal Claims after the patent issues. The Government may use defenses allowed under 28 U.S.C. 1498. No claim is allowed for someone who invented the subject while working full time for the U.S. government.