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Title 42 — The Public Health and WelfareRelease 119-73not60

§2223 Patent Application Disclosures

Title 42 › Chapter 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter XIV— COMPENSATION FOR PRIVATE PROPERTY ACQUIRED › § 2223

Last updated Apr 5, 2026|Official source

Summary

When the Commission gives Restricted Data from a patent application that is not owned by the United States to another country, the United States must pay the patent applicant an amount the Commission decides. If the applicant disagrees, they get 75% of that amount and can sue the United States in the U.S. Court of Federal Claims or their federal district court under 28 U.S.C. 1346 to recover the rest.

Full Legal Text

Title 42, §2223

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

In the event that the Commission communicates to any nation any Restricted Data based on any patent application not belonging to the United States, just compensation shall be paid by the United States to the owner of the patent application. The Commission shall determine such compensation. If the compensation so determined is unsatisfactory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the United States Court of Federal Claims or in any district court of the United States for the district in which such claimant is a resident in a manner provided by section 1346 of title 28 to recover such further sum as added to such 75 per centum will constitute just compensation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2223

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60