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35 U.S.C. § 181 — Secrecy of certain inventions and withholding of patent
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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Source file: Laws/federal/codes/united-states-code/title-35/section-181-secrecy-of-certain-inventions-and-withholding-of-patent--a4eb003758.md
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Source location: Title 35, Chapter 17, § 181; chapter-017-secrecy-of-certain-inventions-and-filing-applications-in-foreign-country.md
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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)** The Director may publish in printed, typewritten, or electronic form, the following:1. Patents and published applications for patents, including specifications and drawings, together with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photolithography. 2. Certificates of trade-mark registrations, including statements and drawings, together with copies of the same. 3. The Official Gazette of the United States Patent and Trademark Office. 4. Annual indexes of patents and patentees, and of trade-marks and registrants. 5. Annual volumes of decisions in patent and trade-mark cases. 6. Pamphlet copies of the patent laws and rules of practice, laws and rules relating to trade-marks, and circulars or other publications relating to the business of the Office.
**(b)** The Director may exchange any of the publications specified in items 3, 4, 5, and 6 of subsection (a) of this section for publications desirable for the use of the Patent and Trademark Office.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
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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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Federal law — U.S. Code and appendices · legal_authorities
Nothing contained in this chapter shall be held to make unlawful any of the following acts:
**(a)** Repealed. Aug. 8, 1946, ch. 910, § 13, 60 Stat. 944.
**(b)** Any citizen of the United States, or any corporation organized within the United States, may, when duly authorized by the President, pay to an enemy or ally of enemy any tax, annuity, or fee which may be required by the laws of such enemy or ally of enemy nation in relation to patents and trade-marks, prints, labels, and copyrights; and any such citizen or corporation may file and prosecute an application for letters patent or for registration of trade-mark, print, label, or copyright in the country of an enemy, or of an ally of enemy after first submitting such application to the President and receiving license so to file and prosecute, and to pay the fees required by law and customary agents’ fees, the maximum amount of which in each case shall be subject to the control of the President.
**(c)** Any citizen of the United States or any corporation organized within the United States desiring to manufacture, or cause to be manufactured, a machine, manufacture, composition of matter, or design, or to carry on, or to use any trade-mark, print, label or cause to be carried on, a process under any patent or copyrighted matter owned or controlled by an enemy or ally of enemy at any time during the existence of a state of war may apply to the President for a license; and the President is authorized to grant such a license, nonexclusive or exclusive as he shall deem best, provided he shall be of the opinion that such grant is for the public welfare, and that the applicant is able and intends in good faith to manufacture, or cause to be manufactured, the machine, manufacture, composition of matter, or design, or to ca
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Federal law — U.S. Code and appendices · legal_authorities
Page 83
TITLE 35—PATENTS
§ 181
tive date, with provisions relating to earliest filed pat-
ent application, see section 534(b)(1), (3) of Pub. L.
103–465, set out as a note under section 154 of this title.
§ 173. Term of design patent
Patents for designs shall be granted for the
term of 15 years from the date of grant.
(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 97–247,
§ 16, Aug. 27, 1982, 96 Stat. 321; Pub. L. 103–465,
title V, § 532(c)(3), Dec. 8, 1994, 108 Stat. 4987;
Pub. L. 112–211, title I, § 102(7), Dec. 18, 2012, 126
Stat. 1532.)
HISTORICAL AND REVISION NOTES
Based on Title 35, U.S.C., 1946 ed., § 77 (R.S. 4931). Lan-
guage is changed slightly.
Editorial Notes
AMENDMENTS
2012—Pub. L. 112–211 substituted ‘‘15 years’’ for ‘‘four-
teen years’’.
1994—Pub. L. 103–465 inserted ‘‘from the date of
grant’’ after ‘‘years’’.
1982—Pub. L. 97–247 substituted ‘‘Patents for designs
shall be granted for the term of fourteen years’’ for
‘‘Patents for designs may be granted for the term of
three years and six months, or for seven years, or for
fourteen years, as the applicant, in his application,
elects’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–211 effective on the later
of the date that is 1 year after Dec. 18, 2012, or the date
that the Geneva Act of the Hague Agreement Con-
cerning the International Registration of Industrial
Designs enters into force with respect to the United
States (May 13, 2015), and applicable only to certain ap-
plications filed on and after that effective date and pat-
ents issuing thereon, see section 103 of Pub. L. 112–211,
set out as a note under section 100 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–465 effective 6 months
after
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