Notes on 28 U.S.C. § 1498 : US Code - Notes

Search Notes on 28 U.S.C. § 1498 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 941; May 24, 1949, ch. 139, Sec.
87, 63 Stat. 102; Oct. 31, 1951, ch. 655, Sec. 50(c), 65 Stat. 727;
July 17, 1952, ch. 930, 66 Stat. 757; Pub. L. 86-726, Secs. 1, 4,
Sept. 8, 1960, 74 Stat. 855, 856; Pub. L. 91-577, title III, Sec.
143(d), Dec. 24, 1970, 84 Stat. 1559; Pub. L. 94-553, title I, Sec.
105(c), Oct. 19, 1976, 90 Stat. 2599; Pub. L. 97-164, title I, Sec.
133(d), Apr. 2, 1982, 96 Stat. 40; Pub. L. 100-702, title X, Sec.
1020(a)(6), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 102-572, title
IX, Sec. 902(a), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-308,
Sec. 1(a), Oct. 19, 1996, 110 Stat. 3814; Pub. L. 105-147, Sec. 3,
Dec. 16, 1997, 111 Stat. 2680; Pub. L. 105-304, title V, Sec.
503(d), Oct. 28, 1998, 112 Stat. 2917.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on section 68 of title 35, U.S.C., 1940 ed., Patents (June
25, 1910, ch. 423, 36 Stat. 851; July 1, 1918, ch. 114, 40 Stat.
705).
Provisions contained in the second proviso of section 68 of title
35, U.S.C., 1940 ed., relating to right of the United States to any
general or special defense available to defendants in patent
infringement suits were omitted as unnecessary. In the absence of
statutory restriction, any defense available to a private party is
equally available to the United States.
Changes in phraseology were made.
1949 ACT
This amendment clarifies section 1498 of title 28, U.S.C., by
restating its first paragraph to conform more closely with the
original law.
REFERENCES IN TEXT
Hereafter, referred to in subsec. (b), probably means the date of
enactment of Pub. L. 86-726, which was approved on Sept. 8, 1960.
The copyright laws of the United States, referred to in subsec.
(b), are classified generally to Title 17, Copyrights.
Hereafter, referred to in subsec. (d), probably means after the
date of enactment of Pub. L. 91-577, which was approved on Dec. 24,
1970.
AMENDMENTS
1998 - Subsec. (e). Pub. L. 105-304 inserted ", and to exclusive
rights in designs under chapter 13 of title 17," after "title 17".
1997 - Subsec. (b). Pub. L. 105-147, Sec. 3, substituted "action
which may be brought for such infringement shall be an action by
the copyright owner" for "remedy of the owner of such copyright
shall be by action".
1996 - Subsec. (a). Pub. L. 104-308 inserted at end of first par.
"Reasonable and entire compensation shall include the owner's
reasonable costs, including reasonable fees for expert witnesses
and attorneys, in pursuing the action if the owner is an
independent inventor, a nonprofit organization, or an entity that
had no more than 500 employees at any time during the 5-year period
preceding the use or manufacture of the patented invention by or
for the United States. Nothwithstanding the preceding sentences,
unless the action has been pending for more than 10 years from the
time of filing to the time that the owner applies for such costs
and fees, reasonable and entire compensation shall not include such
costs and fees if the court finds that the position of the United
States was substantially justified or that special circumstances
make an award unjust."
1992 - Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted
"United States Court of Federal Claims" for "United States Claims
Court".
Subsecs. (b), (d). Pub. L. 102-572, Sec. 902(a)(2), substituted
"Court of Federal Claims" for "Claims Court".
1988 - Subsec. (e). Pub. L. 100-702 added subsec. (e).
1982 - Subsec. (a). Pub. L. 97-168, Sec. 133(d)(1), substituted
"United States Claims Court" for "Court of Claims".
Subsecs. (b), (d). Pub. L. 97-164, Sec. 133(d)(2), substituted
"Claims Court" for "Court of Claims".
1976 - Subsec. (b). Pub. L. 94-553 substituted "section 504(c) of
title 17" for "section 101(b) of title 17".
1970 - Subsec. (d). Pub. L. 91-577 added subsec. (d).
1960 - Pub. L. 86-726, Sec. 4, substituted "Patent and copyright
cases" for "Patent cases" in section catchline.
Pub. L. 86-726, Sec. 1, designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1952 - Act July 17, 1952, allowed Government employees to
maintain patent suits against the United States in certain
instances.
1951 - Act Oct. 31, 1951, inserted second par.
1949 - Act May 29, 1949, conformed first par. of section to
original law.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 1(b) of Pub. L. 104-308 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
actions under section 1498(a) of title 28, United States Code, that
are pending on, or brought on or after, the date of the enactment
of this Act [Oct. 19, 1996]."
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section
102 of Pub. L. 94-553, set out as an Effective Date note preceding
section 101 of Title 17, Copyrights.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-577 effective Dec. 24, 1970, see section
141 of Pub. L. 91-577, set out as an Effective Date note under
section 2321 of Title 7, Agriculture.
WAIVER OF IMMUNITY FOR MEMBERS OF CONGRESS
Section 2 of Pub. L. 86-726 provided that: "Nothing in this Act
[amending this section and section 2386 of Title 10, Armed Forces]
shall be construed to in any way waive any immunity provided for
Members of Congress under article I of section 6 of the
Constitution of the United States."
(!1) So in original. Probably should be "Notwithstanding".