United States Patent Act (Chinese Version)-Partial Excerpts

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Release time:2016-07-19

U.S. Patent Law (Chinese Version)-Partial excerpt

2008-07-20

Chapter II Patentability of Invention and Approval of Patent

Section 10 Patentability of Invention

Article 100 The following terms shall have the following meanings in this part, unless otherwise required in accordance with the preceding and following context:

(a) the term "invention" means an invention or discovery.

(B) The term "manufacture" means a manufacture, technique or method and includes the new use of a known manufacture, machine, article of manufacture, component of a substance or material.

(c) "United States" means the United States of America, its sub-states and dependencies.

(d) "Patentee" includes not only the patentee who accepts the patent certificate, but also its successors in title.

Article 1 0 Patentable inventions that invent or discover any novel and applicable manufacturing methods, machines, manufactures, or components of substances, or any novel and applicable improvement thereof, may be patented in accordance with the conditions and requirements set forth in this Part.

Article 1 2 Conditions for Patentability: Loss of Novelty and Patent Right If any of the following circumstances does not exist, the right to obtain the patent right:

(a) where, before the invention was completed by the applicant, it was known or used in this country or was patented in this country or in a foreign country or described in a printed publication.

(B) The invention has been patented in this country or in a foreign country or has been described in a printed publication, or has been publicly used or sold in this country for more than one year before the date of application for a patent in the United States.

 

(c) where the inventor has abandoned his invention.

(d) The application for a patent or certificate of invention made in a foreign country by the applicant or his legal representative or his or her assignee, or for a certificate of invention, is made more than twelve months before the application was made in the United States.

(e) The invention is described in a patent specification granted pursuant to a patent application filed in the United States by another person before the invention is made by the patent applicant.

(f) the invention for which the patent is sought was not made by the applicant himself.

(g) the invention was made in the United States by another person before the applicant made it and that person did not abandon, suppress, or conceal the invention. In determining the priority of the invention, consideration should be given not only to the individual dates of thought and completion of the invention, but also to the efforts of those who think first and finish last before others think.

 

Article 1 0 Patentability Conditions: Non-visible Content Although an invention is not completely consistent with the information already known or described in Article 1 2 of this Part, the difference between the content of the patent application and its existing skills is so small that it is obvious to personnel with general skills in this profession when the invention is completed that it cannot obtain a patent. The conditions for obtaining a patent should not be denied on the basis of the manner in which the invention is accomplished.

 

Article 14 In the procedures conducted by the Patent and Trademark Office and the courts for inventions made abroad, except as provided for in Article 19 of this Part, the patent applicant or patentee may not refer to the knowledge or use of the invention, Or other activities related to the invention and propose the date of its invention in the foreign country. A military or non-military person who has a domicile in the United States who completes an invention while serving abroad as a result of a business carried out in the United States or on behalf of the United States shall have the same preferential rights to the invention as if the invention were completed within the United States.

 

Section 11 Application for Patent

First one.

Application for a patent An application for a patent shall, except as otherwise provided in this Part, be filed in writing by the inventor to the Director-General of the Patent and Trademark Office.

The application shall include:

(1) The instructions provided for in Article 12 of this Part;

(2) the drawings provided for in article 11 of this Part;

(3) The oath of the applicant specified in Article 15 of this Part. The applicant shall sign the application and pay the fees payable in accordance with the law at the same time.

 

Article 1-12

The instructions should describe the way and process of inventing, making and using the invention in complete, clear, simple and precise words, so that anyone familiar with the technology to which the invention belongs or is closely related to the invention can make and use the invention. The description should also set forth the best mode contemplated by the inventor of carrying out his invention. At the end of the specification, the applicant should propose to include one or more rights, specifically pointing out and clearly claiming what is considered to be its invention. Each item of a right may be written in the form of an independent right or a non-independent right; if it is written in the form of a non-independent right, it shall be deemed that all restrictions on the relevant right in the non-independent right have been stated by reference. For the invention of the composition, a part of the claim may describe the method or step to achieve a specific function without detailing its structure, material or function. Such claims shall be deemed to include the corresponding structures, materials and methods of manufacture described in the specification and its equivalent.

 

Article 13 When the nature of the application is conducive to illustration, the applicant shall attach the drawing.

 

Article 14 Models and Samples The Director of the Patent and Trademark Office may require the applicant to provide a model of appropriate size to facilitate the display of the distinctive parts of the invention. If the invention is a combination of articles, the Director may require the applicant to provide a sample or component thereof for inspection or testing.

 

Article 1.15 The applicant's oath The applicant shall take an oath to indicate that he is convinced that he is the original and earliest inventor of a patent for a method, machine, manufactured product or combination of articles, or its improvement, etc., and shall state his nationality. The oath may be taken in the presence of any person within the United States who is legally entitled to supervise the oath. If the oath is taken in a foreign country, it may be taken in the presence of a United States diplomatic or consular official authorized to supervise the oath, or in the presence of any official with an official official seal and certified in writing by a United States diplomatic or consular official that he or she is authorized to supervise in the country of the applicant. The oath is valid if it complies with the law of the country (or state) in which it is sworn. If, in accordance with the provisions of this Part, the application is made by a person other than the inventor, the form of the oath may be changed in order to be sworn by him or her.

 

Article 16 When the invention of the joint inventor is jointly completed by two or more persons, except as otherwise provided in this Part, the joint inventor shall file a patent application, sign the application and make the necessary oath. If a common inventor refuses to participate in the patent application, or if the whereabouts of a common inventor are unknown and cannot be found or contacted despite efforts, the other inventor may file an application in the name of himself and the missing inventor. The Director-General may, after the facts have been established and the missing inventor has been notified as directed by the Director-General, grant to the inventor who filed the application a patent certificate with the same rights as the missing inventor had at the time of the application. The missing inventor may still participate in the application in the future. If a non-co-inventor is listed as a co-inventor to participate in a patent application due to an error, or a co-inventor is not invited to participate in the application due to an error, and the error is not due to his own intention to deceive, the Director-General may stipulate conditions to permit the application to be amended accordingly.

 

Article 117The deceased inventor and the legal representative of the legally incapacitated inventor may apply for a patent in accordance with the requirements and the same conditions applicable to the inventor.

 

Article 18 Where an applicant other than the inventor refuses to apply for a patent, or fails to find the inventor through efforts or to get in touch with him, the inventor accepts the transfer of the name of the inventor, or the person to whom the inventor has transferred the name of the inventor by written agreement, or the person who has other evidence sufficient to show that he has a legitimate property interest in the invention, if the relevant facts have been proved, and prove that if necessary in order to protect the rights of the parties or prevent irreparable losses, they can apply for patents on behalf of the inventor and as the inventor's agent. Upon receipt of notice from such an inventor, the Director-General may, when he considers that there are sufficient reasons, and in accordance with the regulations laid down by him, grant a patent certificate to the inventor.

 

Article 19 Preference and Priority of Prior Application in Foreign Countries When any person or his legal agent or assignee has formally filed a patent application in a foreign country for the same invention before filing an application for a patent for invention in the United States, if the foreign country grants the same preferential treatment to the application filed in the United States or to a citizen of the United States, and if the application in the United States is made within twelve months of the date of the earliest application to the foreign country, the application shall be deemed to be made and effective in the United States on the date of the foreign country's application. However, if the invention has been patented in any country or described in a printed publication before the date of the actual application in the United States, and if it has been publicly used or sold in the United States for more than one year before the actual application, the application for a patent for the invention shall not be approved. A patent application does not receive priority if it is filed with the Patent and Trademark Office not before the grant of the patent or within the time required by the Director of the Patent and Trademark Office (but not less than six months after the filing of the application in the United States) during the filing period in which the claim for priority and certified copies of the original application, specifications and drawings filed in the foreign country on which the claim is based. The certification documents must be issued by the foreign patent office receiving the application and should indicate the date of application and the date of submission of the specification and other documents. If the document submitted is not in English, the Director may require an English translation and may request such other information as he deems necessary. The rights provided for in this article may be acquired not on an original application made in a foreign country but on a subsequent formal application made in the same foreign country and in the same manner and subject to the same conditions and requirements; provided that the previous application has been withdrawn, abandoned or otherwise annulled on the first application without public examination being made available and without reserving any rights, and has never been used (and may not be used later) as a basis for claiming priority. If the applicant has the right to apply for a patent or a certificate of invention in a foreign country as he wishes, his application for a certificate of invention in that foreign country shall be treated and have the same effect as a patent application in the United States on the issue of priority under this section. Provided that the same conditions and requirements as set out in this Article apply to patent applications shall be complied with, and the above provisions shall apply only if the applicant is entitled to the rights of the Stockholm Amendment to the Paris Convention at the time of the application.

 

Article 20 An application for a patent for an invention, if the invention has been disclosed in a previous application filed in the United States by the same inventor in the manner provided for in paragraph 1 of Article 12 of this Title, provided that the later application is filed before the first application or an application that is also entitled to the first application date preference is granted, either it is filed before the termination or waiver of the first application procedure, or it is filed before the termination of the application procedure, and as long as the first application is explicitly mentioned in the later application or added later, the later application has the same effect as the application filed on the first application date.

 

Article 11. If there are two or more inventions in an application, which are independent and distinct from each other, the Secretary may require the application to be limited to one of the inventions. If another invention becomes the subject of a divisive application and meets the requirements of article 20 of this Part, the invention may be entitled to the date of the original application. "The Patent and Trademark Office or court shall not rely on a patent certificate issued pursuant to an application restricted as required by this section, or a patent certificate issued pursuant to an application based on such a request, as a basis against a separate application, or against the original application, or against a patent certificate issued pursuant to one of those applications, however, the separate application must be filed before the other application is issued a patent certificate. If the separate application relates only to the subject matter and requirements of the original filed application, the Director-General may permit the inventor not to sign or proceed with the formalities. The validity of a patent certificate shall not be affected by the failure of the Director to limit the application to one invention.

 

Article 12 Confidentiality of Applications An application for a patent shall be kept confidential by the Patent and Trademark Office. Information concerning a patent application shall not be given without the permission of the applicant or owner, except as may be necessary for the purposes of an Act of Congress or in such special circumstances as the Director may determine.

 

Section 12 Review of Applications

 

Article 1 Review of Applications

 

The Director of the Patent and Trademark Office shall submit the application and the so-called new invention to examination. After examination, if the applicant should obtain the patent right according to law, the director shall issue the corresponding patent certificate. Article 123 Notice of Rejection of Application and Re-examination After examination, if the patent application is rejected, or there is a reconsideration or request for it, the Director-General shall notify the applicant of the situation, explain the reasons for the rejection, reconsideration or request, and shall attach citation materials required to judge whether it is appropriate to continue processing the application. If the applicant insists on his patent application after receiving this notice, with or without modification, his application shall be reviewed. The amendments made cannot add new content to the disclosure of the invention.

 

Article 13 Time for processing applications

If the applicant fails to take action on his application after a period of six months after the applicant has been notified of any action (the notice has been sent or mailed to the applicant) or within a shorter period (not less than thirty days) specified by the Commissioner, the applicant shall be deemed to have abandoned his application, unless it is proved to the Commissioner's satisfaction that the delay was an imperative.

 

Article 124 If a patent applicant who appeals to the Complaints Committee is rejected twice, he may appeal to the Complaints Committee against the decision of the junior examiner, provided that the appeal fee is paid once.

 

Article 13-5 Conflict

(a) Whenever there is a conflict between an application in a patent application petition or a patent that has not yet expired, the Commissioner shall notify both applicants, or the applicant patentee, of the fact. The question of the priority of the invention should be decided by the Patent Disputes Committee (composed of three rescission examiners). When the decision of the Commission is not in the interest of the applicant's claim, it constitutes a final rejection of the claim by the Patent and Trademark Office, and the Director-General may issue a patent certificate to the inventor who is considered to have priority. If the final award is against the owner of the patent right and the owner of the patent right does not, cannot or is not allowed to file a complaint or request a review, it constitutes a revocation of the relevant right of the patent certificate, and the Patent and Trademark Office shall indicate the above-mentioned reasons on the copy of the patent certificate issued subsequently.

(B) The applicant shall not in the application raise a right identical to the right of the patent issued by the factory or the subject matter of the patent issued is identical or substantially identical, unless the right was made one year before the grant of the patent.

(c) The agreement or understanding (including parallel agreements referred to therein) reached by the conflicting parties to eliminate the conflict or attempt to eliminate the conflict shall be written and an accurate copy shall be filed with the Patent and Trademark Office as the agreement or understanding between the parties before the conflict is eliminated. If requested by any party who submitted the document, the copy shall be kept separate from the conflict file and shall only be used after written request by a government authority or by a person proven to have good cause. If a copy of the agreement or understanding is not submitted, the agreement or understanding will never be enforceable, and the patent certificates of the parties involved in the conflict or the patent certificates issued after the application of the parties concerned will never be effective. However, if the agreement or understanding is not submitted within the specified time, but it is proved that there are legitimate reasons, the Director-General may allow the agreement or understanding to be submitted within six months after the conflict between the parties to the agreement or understanding has been eliminated, as the agreement or understanding of the conflicting parties. The Director-General shall notify the parties or their registered agents of the requirement for the deposit of documents under this article sufficiently long before the above-mentioned conflict is eliminated. If the Director-General gives notice at a later time, notwithstanding the requirement that a copy of the agreement or understanding may be filed within six months for good cause, the parties concerned may deposit a copy of the agreement or understanding within sixty days of receipt of the notice. Any arbitrary act taken by the Director-General in accordance with the provisions of this paragraph may be subject to review in accordance with the provisions of article 10 of the Administrative Procedure Code.

 

Section XIII Review of Patent and Trademark Office Awards

 

Article 14 Appeal to the Customs and Patent Appeal Court

If the applicant is not satisfied with the decision of the Complaints Committee, he may appeal to the U.S. Customs and Patent Court of Appeal, thus waiving his right to sue under Article 155 of this Part. If a party to a conflict is not satisfied with the decision of the Patent Disputes Commission on the issue of priority, it may appeal to the United States Customs and Patent Court of Appeal. However, within 20 days after the appellant has filed a notice of appeal in accordance with section 142 of this part, if the party that has been adjudicated against in the case of conflict submits a notice to the Director-General stating that it is willing to proceed in accordance with the procedures stipulated in article 126 of this part, the above-mentioned appeal to the court shall be dismissed. Therefore, the appellant shall file a civil lawsuit in accordance with Article 126 within 30 days thereafter, otherwise, the subsequent procedures in this case shall be handled in accordance with the decision to appeal against it.

 

Article 124 Notice of appeal

Upon filing an appeal with the United States Customs and Patent Court, the appellant shall notify the Director of the Patent and Trademark Office of the matter and shall, within a date specified by the Director after the date of the decision against which the appeal was filed, deposit with the Patent and Trademark Office express written reasons for the appeal. The date fixed by the Director shall not be less than 60 days.

 

Article 14 The Appeal Procedure

The U.S. Customs and the Court of Patent Appeals shall notify the Director of the Patent and Trademark Office and the parties of the place and time of the hearing before hearing the appeal. The Director-General shall send to the Court certified copies of all necessary original documents and evidence indicated by the appellant and other documents and evidence indicated by the appellant. If there is no appellee in the case, the Director-General shall, in writing, provide to the court the reasons for the decision of the Patent and Trademark Office, stating each point of the grounds for appeal.

Article 14 Appeal Judgement

The United States Customs and the Court of Patent Appeals, after accepting the appeal, shall hear and decide the appeal on the basis of the evidence presented to the Patent and Trademark Office. The judgement shall be limited to the points raised by the grounds of appeal. After the judgment, the court shall send to the Director-General documents proving that his trial has been judged. This document should be placed in the archives of the Patent and Trademark Office as the basis for subsequent proceedings in this case.

 

Article 155 Obtaking a patent right through a civil action

If the complainant is not satisfied with the decision of the Appeals Board and does not appeal to the United States Court of Customs and Patent Appeals, he may file a civil action against the Commissioner in the United States District Court of the District of Columbia within a period (not less than 60 days) specified by the Commissioner after the decision for relief. The court may decide on the merits that the appellant is entitled to a patent for his invention (described in the patent term referred to in the decision of the Appeals Board). The court's decision authorizes the Director to issue a patent certificate as required by law. All costs of the proceedings shall be borne by the appellant.

 

Article 126 Civil Actions in Conflicting Cases

Any party in a conflict case who refuses to accept the decision of the Patent Disputes Committee on the issue of priority may file a civil action for relief within the period (not less than 60 days) specified by the Director General after the decision is made, or within the period specified in Article 14 of this Part, unless an appeal has been filed with the U.S. Customs and Patent Court of Appeal and is under trial or has been decided. In such proceedings, upon the proposal of either party, the Patent and Trademark Office records shall be recognized, without prejudice to the right of the party to present further evidence, in accordance with the terms of the costs and expenses of the proceedings, and in accordance with the terms of the court's appointment of further examination of witnesses. Certifications made and documents presented in the Patent and Trademark Office are recognized as having the same effect as those originally made and presented in the proceedings. Such an action may be a defendant to a party with an interest at the time of the award as indicated by the records of the Patent and Trademark Office, but any party with an interest may be a party to the action. If the parties subject to an adverse decision are located in districts other than the same state, or if the party subject to an adverse decision is located in a foreign country, the trial shall be under the jurisdiction of the United States District Court for the District of Columbia, which may issue a subpoena to the parties subject to an adverse decision directly to the executive of the district in which each party subject to an adverse decision is located. A summons to an unfavourable party residing in a foreign country may be made by means of a publication or other means as directed by the Court. The Director-General shall not be a necessary party, but the clerk of the court receiving the prosecution shall notify the Director-General of the institution of the proceedings, who shall be entitled to join the proceedings. When the court's decision holds that an applicant has the right to acquire a patent, it authorizes the Director-General of the Patent and Trademark Office to issue the patent certificate in accordance with the law after receiving the certified text of the decision.

 

Section 14 Issuing of Patent Certificate

 

Issuing of Article 15 Patent Certificate

If the applicant is legally entitled to a patent certificate, a notice of permission to apply shall be given or mailed to the applicant. The notice shall state the amount or part of the certificate fee, which shall be paid within three months of the notice. Upon payment of this fee, a patent certificate shall be issued. Failure to pay on time is deemed to be a waiver of the application. The difference in the certificate fee shall be paid within three months of the notice of the difference. The cost of one page or less may be disregarded in calculating the cost difference. If the contributions provided for in this article are not paid on time, but the delay in payment is proved to be a last resort and the delay fee is paid at the same time, the Director-General may accept the payment and shall not be deemed to have abandoned the application, nor shall the patent certificate be deemed to have lapsed.

 

Article 125 A patent certificate is issued to the assignee.

Except as otherwise provided in this Part, the patent certificate may be issued to the assignee of the inventor registered with the Patent and Trademark Office after the inventor has applied and sworn to be true of the contents of the specification.

 

Article 15 A patent certificate shall be issued in the name of the United States of America and shall be stamped with the seal of the Patent and Trademark Office and signed by the Director, or shall be signed by the Director and certified by an officer of the Patent and Trademark Office designated by the Director. The patent certificate shall be recorded in the Patent and Trademark Office.

 

Article 15 The content period of the patent certificate.

The patent certificate shall contain the short name of the invention and shall be granted to the owner of the patent right, his successor or assignee, after paying the certificate fee in accordance with the provisions of this part, for a patent term of seventeen years. The right of others to manufacture, use or sell the invention throughout the United States during this period is excluded. The details of the invention follow the description of the specification. The specification drawing shall be attached to the patent certificate as part of the certificate.

 

Section 15 Plant Patent

 

The first six kinds of plant patents

Anyone who invents or discovers, and uses asexual reproduction to cultivate any unique and novel plant variety, including cultivated deformed buds, variants, crosses and newly discovered seed seedlings (but does not include plants propagated from tubers or plants found in non-cultivated conditions), may obtain a patent on the plant in accordance with the conditions and requirements specified in this part. The provisions of this Part relating to patents for inventions shall, unless otherwise provided, apply to patents for plants.

 

Article 126 Description of Application and Rights

If the description of the invention is quite complete to the extent possible, the plant patent cannot be declared invalid because it does not comply with the provisions of Article 12 of this Part. The formal name (scientific name) should be used for the plants indicated and described in the claims of the specification.

 

Article 66 The right granted by a patent certificate for a plant is to exclude the right of another person to reproduce the plant by means of asexual reproduction or to sell or use the plant so propagated.

Article 16 Assistance from the Ministry of Agriculture The President, at the request of the Director of the Patent and Trademark Office for the purpose of implementing the provisions of this Part relating to plants, may by executive order direct the Secretary of Agriculture:

(1) Provide information available to the Ministry of Agriculture;

(2) Research on special issues through the competent bureaus and departments of the Ministry of Agriculture;

(3) The assignment of an official employee of the Ministry of Agriculture to the Director of the Patent and Trademark Office.

 

Section 16 Appearance Design

 

Article 1.7 Design Patent

Any person who is a novel, original and decorative designer of an invention or manufacture may obtain a patent right for the design in accordance with the conditions and requirements set out in this part. The provisions of this Part on invention patents, unless otherwise provided, apply to design patents.

 

Article 127 Priority

The priority provided for in Article 19 of this Part and the period provided for in Article 12 (d) of this Part shall be six months in the design.

 

The term of the design patent.

The term of a design patent is three years and six months, or seven years, or fourteen years, as selected by the applicant at the time of application.

 

Section 17 Application in Foreign Countries for Secrecy of Certain Inventions

 

Article 18 Secrecy of certain inventions

Withholding of patent certificates If the Government has a property interest in an invention and the head of the relevant government agency considers that the publication or publication of the invention by virtue of the grant of a patent certificate may be prejudicial to national security, the Director-General of the Patent and Trademark Office shall, on receipt of such notice, order that the invention be kept confidential and shall withhold the patent certificate in accordance with the conditions set out below. If the Government has no property interest in the invention, and the Director of the Patent and Trademark Office is of the opinion that the publication or publication of the invention by virtue of the grant of a patent certificate may be detrimental to national security, the Director shall send for inspection a patent application disclosing the invention to the Atomic Energy Commission, the Secretary of Defense, and such other government department or head of the United States defense agency as the President may designate. Everyone aware of the application should sign the note, tomorrow's instrument of recognition, which should be placed in the file of the application. If the head of the Atomic Energy Commission, the Minister of Defense or other designated government department or agency considers that the publication or publication of an invention by the grant of a patent certificate may be detrimental to national security, the Atomic Energy Commission, the Minister of Defense or such other head shall notify the Director of the Patent and Trademark Office, who shall order that the invention be kept confidential and that the patent certificate be withheld for such period as may be necessary in the national interest and that the applicant be notified. Where the head of the department or agency issuing the secrecy order indicates that the examination of the application may be detrimental to the national interest, the Director of the Patent and Trademark Office shall by order keep the application confidential and notify the applicant. After the application is subject to the above-mentioned secrecy order, its owner has the right to complain to the Minister of Commerce about the secrecy order in accordance with the conditions prescribed by the Minister of Commerce. The confidentiality of the invention and the withholding of the patent certificate shall not exceed one year. When, on the basis of a notification from the head of the department or agency that originally requested the secrecy order, the national interest requires an extension of the said period and an affirmative decision has been made, the Director-General of the Patent and Trademark Office shall reiterate his order for a further extension of one year at the expiration of the said period or at the expiration of the renewal period. Orders issued or in force during the period of war in the United States remain in effect throughout the war and for one year after the cessation of the war. Orders issued or in force during a national emergency declared by the President remain in force during the national emergency and for six months thereafter. The Director-General of the Patent and Trademark Office may revoke the preceding order when the publication or publication of the invention is no longer prejudicial to national security upon notification by the head of the department or department that originally requested the secrecy order.

 

Article 88 Abandonment of Invention Due to Unauthorized Publication

An application for a patent subject to Order No. 88 of this Part, of which an invention has been exposed in the application, where the invention is published or revealed, or where the inventor, his successor, assignee or legal representative or any other person having a common interest makes an application for a patent in a foreign country, the invention may, without the consent of the Director, be deemed to have been abandoned upon verification by the Director of the circumstances of a contravention of the said order, and should be considered to have been waived when the order was violated. The Director cannot give his consent without the approval of the head of the department or agency that originally requested the issuance of the confidentiality guarantee. Such waiver deprives the applicant and its heirs, assigns or legal representatives, or other persons with common interests, of all claims to the United States based on the invention.

 

Article 18 Right to claim compensation

The applicant or his successor, assignee or legal representative, when a patent certificate is withheld as a result of the above, shall have the right to claim compensation from the head of the department or agency requesting the order for damages caused by the secrecy order or by the government's use of the invention after its publication, or both. The right to claim compensation begins on the date on which the applicant (but for the order) could have received notice of the grant of the patent, or from February 1, 1952 (whichever is later), until six years after the issue of the patent certificate. The right to compensation for damages arising from the use begins on the date the government begins to use the invention. After accepting the claim for damages, the head of a government department or agency has the right to reach an agreement with the applicant and his heirs, assignees or legal representatives to fully compensate for the damages or royalties or to repay the royalties and compensate for the losses. Notwithstanding anything to the contrary in law, the agreement is final and conclusive. If the claimed compensation is not fully payable, the head of the government department or agency may award to the applicant or his successor, assignee or legal representative a sum not exceeding the 75% of the amount that the head of the government department or agency considers to be fair compensation for the damage and/or use. A claimant for damages may bring an action against the United States in the Court of Claims or the United States District Court of the claimant's residence for the payment of a sum that, together with the aforementioned judgment, is fair compensation for the damage (or) government use of the invention. If the owner of an invention for which a patent is applied for is affected by the secrecy order provided for in article 88 of this Title by reason of the need for secrecy, and if a patent certificate is subsequently issued on the basis of the application, fails to claim damages as aforesaid, he shall, after the date of issue of the patent certificate, be entitled to bring an action in the court of claim, request fair compensation for damages arising from the secrecy order and/or the use of the invention by the Government after its publication. The right to claim compensation for damage caused by use begins on the date the government first uses the invention. In the proceedings provided for in this section, the Government of the United States may invoke all the grounds provided for in the proceedings in title 28, article 148, in its defense. An invention discovered, invented or developed by any person, or his successor, assignee or legal representative, in the course of his full-time employment or service with the Government of the United States, this section does not confer a right to sue for compensation.

 

Article 18 Application in a Foreign State

Within six months after a person has filed an application for a patent in the United States for an invention made in the United States, or requested registration of a utility model, design or style, without permission granted by the Director of the Patent and Trademark Office.