Title 42, The Public Health and WelfareRelease 119-110
§2190 Saving Clause for Prior Patent Applications
Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER XII — PATENTS AND INVENTIONS › § 2190
Summary
Patent applications denied under 1811(a)(1), (a)(2), or (b), unless barred by 2181 or 2185, may be reinstated by applying to the Commissioner within one year after August 30, 1954, but any resulting patent can't be used against the United States.
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) 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 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110