FEDERAL · 35 U.S.C. · Chapter 28
Temporary presence in the United States
Current through Pub. L. 119-102
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.
Free access — add to your briefcase to read the full text and ask questions with AI
35 U.S.C. § 272 (Temporary presence in the United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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.