Chapter 423. To provide additional protection for owners of patents of the United States, and for other purposes
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CHAP. 423.— An Act To provide additional protection for owners of patents of the United States, and for other purposes. June 25, 1910.[[H. R. 24649](/us/bill/61/hr/24649).][[Public, No. 305](/us/pl/61/305).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That whenever an invention Patents. Recovery for unlicensed use by United States. described in and covered by a patent of the United States shall hereafter be used by the United States without license of the owner thereof or lawful right to use the same, such owner may recover reasonable compensation for such use by suit in the Court of Claims: *Provided*, *Provisos*.
Claims barred. however, That said Court of Claims shall not entertain a suit or reward compensation under the provisions of this Act where the claim for compensation is based on the use by the United States of any article heretofore owned, leased, used by, or in the possession of the United States: *Provided further*, That in any such suit the United States may Defenses allowed. 852 avail itself of any and all defenses, general or special, which might be R. S., secs. 4918-4922, pp. 951, 952.
Patents by Government employees. pleaded by a defendant in an action for infringement, as set forth in Title Sixty of the Revised Statutes, or otherwise: *And provided further*, That the benefits of this Act shall not inure to any patentee, who, when he makes such claim is in the employment or service of the Government of the United States; or the assignee of any such patentee; nor shall this Act apply to any device discovered or invented by such employee during the time of bis employment or service.
Approved, June 25, 1910.