Title 42, The Public Health and WelfareRelease 119-102
§2223 Patent Application Disclosures
Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER XIV — COMPENSATION FOR PRIVATE PROPERTY ACQUIRED › § 2223
Summary
When the Commission gives Restricted Data from a patent application filed outside the United States to a foreign nation, the U.S. must pay the patent owner a fair amount decided by the Commission. If the owner objects, they get 75% of that amount and may sue under section 1346 in federal court to get 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
Aug 21, 2026
Release point: 119-102