[104th Congress Public Law 308]
[From the U.S. Government Printing Office]

[DOCID: f:publ308.104]

[[Page 110 STAT. 3814]]

Public Law 104-308
104th Congress

                                 An Act

To enhance fairness in compensating owners of patents used by the United 
             States. <<NOTE: Oct. 19, 1996 -  [H.R. 632]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    (a) Amendment.--Section 1498(a) of title 28, United States Code, is 
amended by adding at the end of the first paragraph the following: 
``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 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.''.
    (b) Effective <<NOTE: 28 USC 1498 note.>>  Date.--The amendment made 
by subsection (a) shall apply to actions under section 1498(a) of title 
28, United States Code, that are pending on, or brought on or after, the 
date of the enactment of this Act.

    Approved October 19, 1996.


HOUSE REPORTS: No. 104-373 (Comm. on the Judiciary).
                                                        Vol. 141 (1995):
                                    Dec. 12, considered and passed 
                                                        Vol. 142 (1996):
                                    Oct. 3, considered and passed 
                                        Senate, amended.
                                    Oct. 4, House concurred in Senate