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Government patent use law is a statute codified at 28 USC § 1498(a) [1] that is a "form of government immunity from patent claims." [2] [1] Section 1498 gives the federal government of the United States the "right to use patented inventions without permission, while paying the patent holder 'reasonable and entire compensation' which is usually "set at ten percent of sales or less".
The Invention Secrecy Act of 1951 (Pub. L. 82–256, 66 Stat. 3, enacted February 1, 1952, codified at 35 U.S.C. ch. 17) is a body of United States federal law designed to prevent disclosure of new inventions and technologies that, in the opinion of selected federal agencies, present an alleged threat to the economic stability or national security of the United States.
The issues of patent validity and patent infringement fall under exclusive jurisdiction of the Federal government. On the other hand, questions of patent ownership (like other questions of private property) are contested in state courts, although federal courts can make decisions about patent ownership by applying the relevant state law, when ...
However, as with any other copyrighted work, the copyright in a patent, a patent application, or non-patent literature does not extend to any "idea, procedure, process, system, method of operation, concept, principle, or discovery" that may be disclosed in these works. 17 U.S.C. § 102(b). [7] [8]
Use of this provision by agencies other than Department of Defense is rare. During the 2001 anthrax attacks through the US Postal Service, the US government threatened to issue a compulsory license for the antibiotic drug ciprofloxacin, if the patent owner, Bayer, didn't lower the price to the government. Bayer lowered the price and the ...
[8] [12]: 10–14 A report by the Government Accountability Office found that "Those seeking to use government-owned technology found a maze of rules and regulations set out by the agencies in question because there was no uniform federal policy on patents for government-sponsored inventions or on the transfer of technology from the government ...
Other amendments to Title 35 concern the renaming from "Patent Office" to "Patent and Trademark Office"; revised fee schedules for application and issue of patents; and modifications in procedures related to the protection of patents. § 121 of the Patent Act of 1952 was the first time, when the US Congress addressed the problem of double ...
The law switched the U.S. rights to a patent from the previous "first-to-invent" system to a "first inventor-to-file" system for patent applications filed on or after March 16, 2013. The law also expanded the definition of prior art used in determining patentability.