§272. Temporary presence in the United States

The use of any invention in any vessel, aircraft or vehicle of any country which affords similar privileges to vessels, aircraft or vehicles of the United States, entering the United States temporarily or accidentally, shall not constitute infringement of any patent, if the invention is used exclusively for the needs of the vessel, aircraft or vehicle and is not sold in or used for the manufacture of anything to be sold in or exported from the United States.

(July 19, 1952, ch. 950, 66 Stat. 812 ; Dec. 8, 1994, Pub. L. 103–465, title V, §533(b)(4), 108 Stat. 4989 .)

Amendment of Section

Pub. L. 103–465, title V, §§533(b)(4), 534(a), (b)(3), Dec. 8, 1994, 108 Stat. 4989 , 4990, provided that, effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, this section is amended by striking "not sold" and inserting "not offered for sale or sold".

Historical and Revision Notes

This section follows the requirement of the International Convention for the Protection of Industrial Property, to which the United States is a party, and also codifies the holding of the Supreme Court that use of a patented invention on board a foreign ship does not infringe a patent.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103–465, set out as a note under section 154 of this title.

Section Referred to in Other Sections

This section is referred to in section 157 of this title; title 42 section 2457.