FEDERAL · 35 U.S.C. · Chapter 28
Temporary presence in the United States
35 U.S.C. § 272
Title35 — Patents
Chapter28 — INFRINGEMENT OF PATENTS
This text of 35 U.S.C. § 272 (Temporary presence in the United States) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
35 U.S.C. § 272.
Text
The use of any invention in any vessel, aircraft or vehicle of any country which affords similar privileges to vessels, aircraft or vehicles of the United States, entering the United States temporarily or accidentally, shall not constitute infringement of any patent, if the invention is used exclusively for the needs of the vessel, aircraft or vehicle and is not offered for sale or sold in or used for the manufacture of anything to be sold in or exported from the United States.
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Related
Hughes Aircraft Co. v. United States
29 Fed. Cl. 197 (Federal Claims, 1993)
Westerngeco L.L.C. v. Ion Geophysical Corp.
776 F. Supp. 2d 342 (S.D. Texas, 2011)
Cali v. Japan Airlines, Inc.
380 F. Supp. 1120 (E.D. New York, 1974)
National Steel Car, Ltd. v. Canadian Pacific Railway, Ltd.
357 F.3d 1319 (Federal Circuit, 2004)
Otsuka Pharmaceutical Co. v. Zydus Pharmaceuticals USA
151 F. Supp. 3d 515 (D. New Jersey, 2015)
National Steel Car, Ltd. v. Canadian Pacific Railway, Ltd.
254 F. Supp. 2d 527 (E.D. Pennsylvania, 2003)
Source Credit
History
(July 19, 1952, ch. 950, 66 Stat. 812; Pub. L. 103–465, title V, §533(b)(4), Dec. 8, 1994, 108 Stat. 4989.)
Editorial Notes
Historical and Revision Notes
This section follows the requirement of the International Convention for the Protection of Industrial Property, to which the United States is a party, and also codifies the holding of the Supreme Court that use of a patented invention on board a foreign ship does not infringe a patent.
Editorial Notes
Amendments
1994—Pub. L. 103–465 substituted "not offered for sale or sold" for "not sold".
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103–465, set out as a note under section 154 of this title.
This section follows the requirement of the International Convention for the Protection of Industrial Property, to which the United States is a party, and also codifies the holding of the Supreme Court that use of a patented invention on board a foreign ship does not infringe a patent.
Editorial Notes
Amendments
1994—Pub. L. 103–465 substituted "not offered for sale or sold" for "not sold".
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103–465, set out as a note under section 154 of this title.
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Bluebook (online)
35 U.S.C. § 272, Counsel Stack Legal Research, https://law.counselstack.com/usc/35/272.