35 U.S.C. § 272

Current through P.L. 116-140 (04/28/2020)
Section 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.

35 U.S.C. § 272

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 NOTESThis 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.

AMENDMENTS1994- Pub. L. 103-465 substituted "not offered for sale or sold" for "not sold".

EFFECTIVE DATE OF 1994 AMENDMENTAmendment 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.

invention
The term "invention" means invention or discovery.
United States
The terms "United States" and "this country" mean the United States of America, its territories and possessions.