
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2181]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER XII--PATENTS AND INVENTIONS
 
Sec. 2181. Inventions relating to atomic weapons, and filing of 
        reports
        

(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) of this section, 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.

(Aug. 1, 1946, ch. 724, title I, Sec. 151, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 943; amended Pub. L. 87-206, Secs. 7-9, Sept. 6, 
1961, 75 Stat. 477; renumbered title I, Pub. L. 102-486, title IX, 
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106-113, div. B, 
Sec. 1000(a)(9) [title IV, Sec. 4732(b)(18)], Nov. 29, 1999, 113 Stat. 
1536, 1501A-585.)


                            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 
Aug. 1, 1946, by act Aug. 30, 1954.


                               Amendments

    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, Sec. 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, Sec. 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, Sec. 9, added subsec. (e).


                    Effective Date of 1999 Amendment

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

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See, also, notes set out under 
those sections.


  Emergency Relief From Postal Situation Affecting Atomic Energy Cases

    Excusal of delayed fees or actions affected by postal situation 
beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970, see 
note set out under section 111 of Title 35, Patents.

                  Section Referred to in Other Sections

    This section is referred to in sections 2187, 2190 of this title.
