Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

IP Matter Involving Suit Against US Under Invention Secrecy Act

By FindLaw Staff on April 15, 2010 | Last updated on March 21, 2019

Hornback v. US, No. 09-1543 the Federal Circuit faced a challenge to the district court's dismissal of plaintiff's suit seeking compensation for the government's use of his invention, titled "Real Time Boresight Error Slope Sensor." 

As stated in the decision: "Section 183 provides for damages to be paid to patent holders in two situations: when the government wrongfully uses the patented device during the period of secrecy, and when the secrecy order itself causes damages."

Thus, in affirming the dismissal of the claim for failure to state a claim, the court held that the Invention Secrecy Act, 35 U.S.C. section 1983 does not provide plaintiff with a cause of action for the government's use of an invention subject to a secrecy order after the issuance of a patent on that invention. 

Related Resource:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard