Temporary presence in the United States

  1. Law
  2. USC 35
  3. Patents
  4. PATENTS AND PROTECTION OF PATENT RIGHTS
  5. INFRINGEMENT OF PATENTS
  6. Temporary presence in the United States

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§272. Temporary presence in the United States

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.

(July 19, 1952, ch. 950, 66 Stat. 812 ; Pub. L. 103–465, title V, §533(b)(4), Dec. 8, 1994, 108 Stat. 4989 .)

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.


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