§183 Right to Compensation

Summary

People whose patent application was kept secret by a government secrecy order can ask the head of the agency that issued the order for money for harm from the secrecy and for any government use of the invention. The right to ask starts either on the date the applicant was told their application would be allowed except for the secrecy order or on February 1, 1952, whichever is later. The right to apply 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 can make a full settlement that is final. If a full settlement cannot be reached, the agency head may pay up to 75 percent of what they think is fair compensation. The claimant can then sue in the United States Court of Federal Claims or in the United States District Court for their home district to recover the rest so the total equals just compensation. A patent owner who did not apply earlier may sue in the Court of Federal Claims after the patent issues. The United States may use the defenses available under section 1498 of title 28. People who invented the item while working full time for the United States cannot bring a claim.