--- kind: "section" citation: "42 U.S.C. § 2181" title: "42" title_heading: "The Public Health and Welfare" number: "2181" heading: "Inventions relating to atomic weapons, and filing of reports" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/2181" units: - "Chapter 23 — Development and Control of Atomic Energy" - "Division A — Atomic Energy" - "Subchapter XII — Patents and Inventions" --- # §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](/usc/42/2014.md?p=aa) or [atomic energy](/usc/42/2014.md?p=c) in an [atomic weapon](/usc/42/2014.md?p=d). 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](/usc/42/2014.md?p=aa) or [atomic energy](/usc/42/2014.md?p=c) in [atomic weapons](/usc/42/2014.md?p=d). 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](/usc/42/2014.md?p=s) who has made or hereafter makes any invention or discovery useful in the production or utilization of [special nuclear material](/usc/42/2014.md?p=aa) or [atomic energy](/usc/42/2014.md?p=c), shall file with the [Commission](/usc/42/2014.md?p=f) 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](/usc/42/242q–4.md?p=2) of Commerce for Intellectual Property and [Director](/usc/42/11851.md?p=5) of the [United States](/usc/42/2014.md?p=bb) Patent and Trademark Office by such [person](/usc/42/2014.md?p=s) 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](/usc/42/2014.md?p=s) 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](/usc/42/242q–4.md?p=2) of Commerce for Intellectual Property and [Director](/usc/42/11851.md?p=5) of the [United States](/usc/42/2014.md?p=bb) Patent and Trademark Office shall notify the [Commission](/usc/42/2014.md?p=f) of all applications for patents heretofore or hereafter filed which, in his opinion, disclose inventions or discoveries required to be reported under [subsection (c)](#c), and shall provide the [Commission](/usc/42/2014.md?p=f) access to all such applications. - (e) **Confidential information; circumstances permitting disclosure—** Reports filed pursuant to [subsection (c)](#c) of this section, and applications to which access is provided under [subsection (d)](#d) of this section, shall be kept in confidence by the [Commission](/usc/42/2014.md?p=f), and no information concerning the same given without authority of the inventor or [owner](/usc/42/13641.md?p=4) unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the [Commission](/usc/42/2014.md?p=f). ## Source credit (Aug. 1, 1946, ch. 724, title I, § 151, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 943; amended Pub. L. 87–206, §§ 7–9, Sept. 6, 1961, 75 Stat. 477; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(18)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.) ## Notes ### Editorial Notes ### 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, § 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, § 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, § 9, added subsec. (e). ### Statutory Notes and Related Subsidiaries ### 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, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. ### 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.