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U.S. Code as of:
01/19/04
Section 1498. Patent and copyright cases
(a) Whenever an invention described in and covered by a patent of
the United States is used or manufactured by or for the United
States without license of the owner thereof or lawful right to use
or manufacture the same, the owner's remedy shall be by action
against the United States in the United States Court of Federal
Claims for the recovery of his reasonable and entire compensation
for such use and manufacture. 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 (!1) 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.
For the purposes of this section, the use or manufacture of an
invention described in and covered by a patent of the United States
by a contractor, a subcontractor, or any person, firm, or
corporation for the Government and with the authorization or
consent of the Government, shall be construed as use or manufacture
for the United States.
The court shall not award compensation under this section if the
claim is based on the use or manufacture by or for the United
States of any article owned, leased, used by, or in the possession
of the United States prior to July 1, 1918.
A Government employee shall have the right to bring suit against
the Government under this section except where he was in a position
to order, influence, or induce use of the invention by the
Government. This section shall not confer a right of action on any
patentee or any assignee of such patentee with respect to any
invention discovered or invented by a person while in the
employment or service of the United States, where the invention was
related to the official functions of the employee, in cases in
which such functions included research and development, or in the
making of which Government time, materials or facilities were used.
(b) Hereafter, whenever the copyright in any work protected under
the copyright laws of the United States shall be infringed by the
United States, by a corporation owned or controlled by the United
States, or by a contractor, subcontractor, or any person, firm, or
corporation acting for the Government and with the authorization or
consent of the Government, the exclusive action which may be
brought for such infringement shall be an action by the copyright
owner against the United States in the Court of Federal Claims for
the recovery of his reasonable and entire compensation as damages
for such infringement, including the minimum statutory damages as
set forth in section 504(c) of title 17, United States Code:
Provided, That a Government employee shall have a right of action
against the Government under this subsection except where he was in
a position to order, influence, or induce use of the copyrighted
work by the Government: Provided, however, That this subsection
shall not confer a right of action on any copyright owner or any
assignee of such owner with respect to any copyrighted work
prepared by a person while in the employment or service of the
United States, where the copyrighted work was prepared as a part of
the official functions of the employee, or in the preparation of
which Government time, material, or facilities were used: And
provided further, That before such action against the United States
has been instituted the appropriate corporation owned or controlled
by the United States or the head of the appropriate department or
agency of the Government, as the case may be, is authorized to
enter into an agreement with the copyright owner in full settlement
and compromise for the damages accruing to him by reason of such
infringement and to settle the claim administratively out of
available appropriations.
Except as otherwise provided by law, no recovery shall be had for
any infringement of a copyright covered by this subsection
committed more than three years prior to the filing of the
complaint or counterclaim for infringement in the action, except
that the period between the date of receipt of a written claim for
compensation by the Department or agency of the Government or
corporation owned or controlled by the United States, as the case
may be, having authority to settle such claim and the date of
mailing by the Government of a notice to the claimant that his
claim has been denied shall not be counted as a part of the three
years, unless suit is brought before the last-mentioned date.
(c) The provisions of this section shall not apply to any claim
arising in a foreign country.
(d) Hereafter, whenever a plant variety protected by a
certificate of plant variety protection under the laws of the
United States shall be infringed by the United States, by a
corporation owned or controlled by the United States, or by a
contractor, subcontractor, or any person, firm, or corporation
acting for the Government, and with the authorization and consent
of the Government, the exclusive remedy of the owner of such
certificate shall be by action against the United States in the
Court of Federal Claims for the recovery of his reasonable and
entire compensation as damages for such infringement: Provided,
That a Government employee shall have a right of action against the
Government under this subsection except where he was in a position
to order, influence, or induce use of the protected plant variety
by the Government: Provided, however, That this subsection shall
not confer a right of action on any certificate owner or any
assignee of such owner with respect to any protected plant variety
made by a person while in the employment or service of the United
States, where such variety was prepared as a part of the official
functions of the employee, or in the preparation of which
Government time, material, or facilities were used: And provided
further, That before such action against the United States has been
instituted, the appropriate corporation owned or controlled by the
United States or the head of the appropriate agency of the
Government, as the case may be, is authorized to enter into an
agreement with the certificate owner in full settlement and
compromise, for the damages accrued to him by reason of such
infringement and to settle the claim administratively out of
available appropriations.
(e) Subsections (b) and (c) of this section apply to exclusive
rights in mask works under chapter 9 of title 17, and to exclusive
rights in designs under chapter 13 of title 17, to the same extent
as such subsections apply to copyrights.
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