
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2356]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2356. Patents and technical information


(a) Practice of invention or disclosure of information; suits against 
        United States for reasonable compensation; jurisdiction; 
        limitation of action; defenses

    Whenever, in connection with the furnishing of assistance under this 
chapter--
        (1) an invention or discovery covered by a patent issued by the 
    United States Government is practiced within the United States 
    without the authorization of the owner, or
        (2) information, which is (A) protected by law, and (B) held by 
    the United States Government subject to restrictions imposed by the 
    owner, is disclosed by the United States Government or any of its 
    officers, employees, or agents in violation of such restrictions,

the exclusive remedy of the owner, except as provided in subsection (b) 
of this section, is to sue the United States Government for reasonable 
and entire compensation for such practice or disclosure in the district 
court of the United States for the district in which such owner is a 
resident, or in the United States Court of Federal Claims, within six 
years after the cause of action arises. Any period during which the 
United States Government is in possession of a written claim under 
subsection (b) of this section before mailing a notice of denial of that 
claim does not count in computing the six years. In any such suit, the 
United States Government may plead any defense that may be pleaded by a 
private person in such an action. The last paragraph of section 1498(a) 
of title 28 shall apply to inventions and information covered by this 
section.

(b) Settlement of claims

    Before suit against the United States Government has been 
instituted, the head of the agency of the United States Government 
concerned may settle and pay any claim arising under the circumstances 
described in subsection (a) of this section. No claim may be paid under 
this subsection unless the amount tendered is accepted by the claimant 
in full satisfaction.

(c) Drug products manufactured outside the United States

    Funds appropriated pursuant to this chapter shall not be expended by 
the United States Government for the acquisition of any drug product or 
pharmaceutical product manufactured outside the United States if the 
manufacture of such drug product or pharmaceutical product in the United 
States would involve the use of, or be covered by, an unexpired patent 
of the United States which has not previously been held invalid by an 
unappealed or unappealable judgment or decree of a court of competent 
jurisdiction, unless such manufacture is expressly authorized by the 
owner of such patent.

(Pub. L. 87-195, pt. III, Sec. 606, Sept. 4, 1961, 75 Stat. 440; Pub. L. 
97-164, title I, Sec. 160(a)(6), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-
572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

                       References in Text

    This chapter, referred to in subsecs. (a) and (c), was in the 
original ``this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 
424, as amended, known as the Foreign Assistance Act of 1961. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2151 of this title and Tables.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-572 substituted ``United States Court 
of Federal Claims'' for ``United States Claims Court''.
    1982--Subsec. (a). Pub. L. 97-164 substituted ``United States Claims 
Court'' for ``Court of Claims''.


                    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 Title 28, 
Judiciary and Judicial Procedure.


                    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 Title 28, 
Judiciary and Judicial Procedure.
