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35 U.S.C. § 185 — Patent barred for filing without license
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provisions of law any person, and his successors, assigns, or legal representatives, shall not receive a United States patent for an invention if that person, or his successors, assigns, or legal representatives shall, without procuring the license prescribed in section 184, have made, or consented to or assisted another’s making, application in a foreign country for a patent or for the registration of a utility model, industrial design, or model in respect of the invention. A United States patent issued to such person, his successors, assigns, or legal representatives shall be invalid, unless the failure to procure such license was through error, and the patent does not disclose subject matter within the scope of section 181.
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Source file: Laws/federal/codes/united-states-code/title-35/section-185-patent-barred-for-filing-without-license--140591ec54.md
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Source location: Title 35, Chapter 17, § 185; chapter-017-secrecy-of-certain-inventions-and-filing-applications-in-foreign-country.md
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Notwithstanding any other provisions of law any person, and his successors, assigns, or legal representatives, shall not receive a United States patent for an invention if that person, or his successors, assigns, or legal representatives shall, without procuring the license prescribed in section 184, have made, or consented to or assisted another’s making, application in a foreign country for a patent or for the registration of a utility model, industrial design, or model in respect of the invention. A United States patent issued to such person, his successors, assigns, or legal representatives shall be invalid, unless the failure to procure such license was through error, and the patent does not disclose subject matter within the scope of section 181.
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Federal law — U.S. Code and appendices · legal_authorities
Whenever publication or disclosure by the publication of an application or by the grant of a patent on an invention in which the Government has a property interest might, in the opinion of the head of the interested Government agency, be detrimental to the national security, the Commissioner of Patents upon being so notified shall order that the invention be kept secret and shall withhold the publication of the application or the grant of a patent therefor under the conditions set forth hereinafter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing in Foreign Country.—** Except when authorized by a license obtained from the Commissioner of Patents a person shall not file or cause or authorize to be filed in any foreign country prior to six months after filing in the United States an application for patent or for the registration of a utility model, industrial design, or model in respect of an invention made in this country. A license shall not be granted with respect to an invention subject to an order issued by the Commissioner of Patents pursuant to section 181 without the concurrence of the head of the departments and the chief officers of the agencies who caused the order to be issued. The license may be granted retroactively where an application has been filed abroad through error and the application does not disclose an invention within the scope of section 181.
**(b) Application.—** The term “application” when used in this chapter includes applications and any modifications, amendments, or supplements thereto, or divisions thereof.
**(c) Subsequent Modifications, Amendments, and Supplements.—** The scope of a license shall permit subsequent modifications, amendments, and supplements containing additional subject matter if the application upon which the request for the license is based is not, or was not, required to be made available for inspection under section 181 and if such modifications, amendments, and supplements do not change the general nature of the invention in a manner which would require such application to be made available for inspection under such section 181. In any case in which a license is not, or was not, required in order to file an application in any foreign country, such subsequent modifications, amendments, and supplements may be made, without a license, to the applic
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 184
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The United States Patent and Trademark Office, subject to the policy direction of the Secretary of Commerce—
(1) shall be responsible for the granting and issuing of patents and the registration of trademarks; and
(2) shall be responsible for disseminating to the public information with respect to patents and trademarks.
**(b) Specific Powers.—** The Office—
(1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated;
(2) may establish regulations, not inconsistent with law, which—
(A) shall govern the conduct of proceedings in the Office;
(B) shall be made in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim);
(C) shall facilitate and expedite the processing of patent applications, particularly those which can be filed, stored, processed, searched, and retrieved electronically, subject to the provisions of section 122 relating to the confidential status of applications;
(D) may govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office;
(E) shall recognize the public interest in continuing to safeguard broad access to the United States patent sys
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Federal law — U.S. Code and appendices · legal_authorities
Page 86
TITLE 35—PATENTS
§ 185
Editorial Notes
AMENDMENTS
2011—Pub. L. 112–29 designated first to third pars. as
subsecs. (a) to (c), respectively, inserted headings, in
subsec. (a), struck out ‘‘of this title’’ after ‘‘181’’ in two
places and struck out ‘‘and without deceptive intent’’
after ‘‘through error’’, and, in subsec. (c), struck out
‘‘of this title’’ after ‘‘under section 181’’ in first sen-
tence.
1999—Pub. L. 106–113 substituted ‘‘Commissioner of
Patents’’ for ‘‘Commissioner’’ two places in first par.
1988—Pub. L. 100–418, § 9101(b)(1)(A), substituted ‘‘filed
abroad through error and without deceptive intent’’ for
‘‘inadvertently filed abroad’’ in first par.
Pub. L. 100–418, § 9101(b)(1)(B), added third par. relat-
ing to scope of a license.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 112–29 effective upon the expi-
ration of the 1-year period beginning on Sept. 16, 2011,
and applicable to proceedings commenced on or after
that effective date, see section 20(l) of Pub. L. 112–29,
set out as a note under section 2 of this title.
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
this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100–418, title IX, § 9101(d), Aug. 23, 1988, 102
Stat. 1568, provided that:
‘‘(1) Subject to paragraphs (2), (3), and (4) of this sub-
section, the amendments made by this section [amend-
ing sections 184 to 186 of this title] shall apply to all
United States patents granted before, on, or after the
date of enactment of this section [Aug. 23, 1988], to all
applications for United States patents pending on
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