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Title 42 — The Public Health and Welfare

Chapter 23 — Development and Control of Atomic Energy

§ 2181. Inventions relating to atomic weapons, and filing of reports

Statutory text

(a)

Denial of patent; revocation of prior patents

No patent shall hereafter be granted for any invention or discovery which is useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon. Any patent granted for any such invention or discovery is revoked, and just compensation shall be made therefor.

(b)

Denial of rights; revocation of prior rights

No patent hereafter granted shall confer any rights with respect to any invention or discovery to the extent that such invention or discovery is used in the utilization of special nuclear material or atomic energy in atomic weapons. Any rights conferred by any patent heretofore granted for any invention or discovery are revoked to the extent that such invention or discovery is so used, and just compensation shall be made therefor.

(c)

Report of invention to Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office

Any person who has made or hereafter makes any invention or discovery useful in the production or utilization of special nuclear material or atomic energy, shall file with the Commission a report containing a complete description thereof unless such invention or discovery is described in an application for a patent filed with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office by such person within the time required for the filing of such report. The report covering any such invention or discovery shall be filed on or before the one hundred and eightieth day after such person first discovers or first has reason to believe that such invention or discovery is useful in such production or utilization.

(d)

Report to Commission by Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office

The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall notify the Commission of all applications for patents heretofore or hereafter filed which, in his opinion, disclose inventions or discoveries required to be reported under subsection (c), and shall provide the Commission access to all such applications.

(e)

Confidential information; circumstances permitting disclosure

Reports filed pursuant to subsection (c) of this section, and applications to which access is provided under subsection (d) of this section, shall be kept in confidence by the Commission, and no information concerning the same given without authority of the inventor or owner unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commission.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 83–724 · 68 Stat. 998

    Enacted · 42 U.S.C. § 2181

    Aug. 1, 1946, ch. 724, title I, § 151, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 943

    Source evidence

    Code source credit
    Aug. 1, 1946, ch. 724, title I, § 151, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 943

  2. Pub. L. 87–206 § 7 · 75 Stat. 475

    Substituted · 42 U.S.C. § 2181

    Pub. L. 87–206, § 7, substituted provision concerning inventions relating to atomic weapons and filing of reports for provision relating to military utilization in section catchline

    Source evidence

    Code amendment note
    Pub. L. 87–206, § 7, substituted provision concerning inventions relating to atomic weapons and filing of reports for provision relating to military utilization in section catchline.

    Enacted provision · exact public law section
    Sec. 7. Section 151 of the Atomic Energy Act of 1954, as amended, 68 Stat. 943. 42 USC 2181. is amended by deleting in the descriptive title the words “Military Utilization,” and inserting in lieu thereof “Inventions Relating to Atomic Weapons, and Filing of Reports.”

  3. Pub. L. 87–206 § 8 · 75 Stat. 475

    1. Struck · 42 U.S.C. § 2181(c)

      Pub. L. 87–206, § 8, struck out designation as cl. (1) of provision relating to production or utilization of special nuclear material or atomic energy and cls. (2) and (3) relating to utilization of special nuclear material in an atomic weapon and utilization of atomic energy in an atomic weapon, respectively

    2. Substituted · 42 U.S.C. § 2181(c)

      Pub. L. 87–206, § 8, substituted “the one hundred and eightieth day” for “whichever of the following is the later: either the ninetieth day after completion of such invention or discovery; or the ninetieth day”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 87–206, § 8, struck out designation as cl. (1) of provision relating to production or utilization of special nuclear material or atomic energy and cls. (2) and (3) relating to utilization of special nuclear material in an atomic weapon and utilization of atomic energy in an atomic weapon, respectively, and substituted “the one hundred and eightieth day” for “whichever of the following is the later: either the ninetieth day after completion of such invention or discovery; or the ninetieth day”.

    Enacted provision · exact public law section
    Sec. 8. Subsection c. of section 151 of the Atomic Energy Act of 1954, as amended, is amended to read as follows: “c. Any person who has made or hereafter makes any invention or Inventions; reports. discovery useful in the production or utilization of special nuclear material or atomic energy, shall file with the Commission a report containing a complete description thereof unless such invention or discovery is described in an application for a patent filed with the Commissioner of Patents by such person within the time required for the filing of such report. The report covering any such invention or discovery shall be filed on or before the one hundred and eightieth day after such person first discovers or first has reason to believe that such invention or discovery is useful in such production or utilization.”

  4. Pub. L. 87–206 § 9 · 75 Stat. 475

    Added · 42 U.S.C. § 2181(e)

    Pub. L. 87–206, § 9, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 87–206, § 9, added subsec. (e).

    Enacted provision · exact public law section
    Sec. 9. Section 151 of the Atomic Energy Act of 1954, as amended, is amended by adding at the end thereof the following new subsection: “e. Reports filed pursuant to subsection c. of this section, and applications to which access is provided under subsection d. of this section, shall be kept in confidence by the Commission, and no information concerning the same given without authority of the inventor or owner unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commission.”

  5. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(b)(18) · 113 Stat. 1501

    Substituted · 42 U.S.C. § 2181(c); 42 U.S.C. § 2181(d)

    Pub. L. 106–113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents”

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 106–113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents”.

    Effective date note
    Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

4 of 6 references resolved to an enrolled provision · 2 partial

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 1811(a) of this title, prior to the general amendment and renumbering of act , by act .

Amendments1961–1999 · 2 rounds

1999

Subsecs. (c), (d). Pub. L. 106–113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents”.

1961

Pub. L. 87–206, § 7, substituted provision concerning inventions relating to atomic weapons and filing of reports for provision relating to military utilization in section catchline.

Subsec. (c). Pub. L. 87–206, § 8, struck out designation as cl. (1) of provision relating to production or utilization of special nuclear material or atomic energy and cls. (2) and (3) relating to utilization of special nuclear material in an atomic weapon and utilization of atomic energy in an atomic weapon, respectively, and substituted “the one hundred and eightieth day” for “whichever of the following is the later: either the ninetieth day after completion of such invention or discovery; or the ninetieth day”.

Subsec. (e). Pub. L. 87–206, § 9, added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

Emergency Relief From Postal Situation Affecting Atomic Energy Cases

Excusal of delayed fees or actions affected by postal situation beginning on , and ending on or about , see note set out under section 111 of Title 35, Patents.

Credits

1946–1999 · 4 acts
  1. 1946Aug. 1, 1946, ch. 724, title I, § 151, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 943
  2. 1961amended Pub. L. 87–206, §§ 7–9, , 75 Stat. 477
  3. 1992renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944
  4. 1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(18)], , 113 Stat. 1536, 1501A–585.
Show as published

(Aug. 1, 1946, ch. 724, title I, § 151, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 943; amended Pub. L. 87–206, §§ 7–9, , 75 Stat. 477; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(18)], , 113 Stat. 1536, 1501A–585.)

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