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35 U.S.C. § 186 — Penalty
Federal law — U.S. Code and appendices · legal_authorities
Whoever, during the period or periods of time an invention has been ordered to be kept secret and the grant of a patent thereon withheld pursuant to section 181, shall, with knowledge of such order and without due authorization, willfully publish or disclose or authorize or cause to be published or disclosed the invention, or material information with respect thereto, or whoever willfully, in violation of the provisions of section 184, shall file or cause or authorize to be filed in any foreign country an application for patent or for the registration of a utility model, industrial design, or model in respect of any invention made in the United States, shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than two years, or both.
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Source location: Title 35, Chapter 17, § 186; chapter-017-secrecy-of-certain-inventions-and-filing-applications-in-foreign-country.md
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Whoever, during the period or periods of time an invention has been ordered to be kept secret and the grant of a patent thereon withheld pursuant to section 181, shall, with knowledge of such order and without due authorization, willfully publish or disclose or authorize or cause to be published or disclosed the invention, or material information with respect thereto, or whoever willfully, in violation of the provisions of section 184, shall file or cause or authorize to be filed in any foreign country an application for patent or for the registration of a utility model, industrial design, or model in respect of any invention made in the United States, shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than two years, or both.
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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
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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 87
TITLE 35—PATENTS
§ 200
§ 186. Penalty
Whoever, during the period or periods of time
an invention has been ordered to be kept secret
and the grant of a patent thereon withheld pur-
suant to section 181, shall, with knowledge of
such order and without due authorization, will-
fully publish or disclose or authorize or cause to
be published or disclosed the invention, or mate-
rial information with respect thereto, or who-
ever willfully, in violation of the provisions of
section 184, shall file or cause or authorize to be
filed in any foreign country an application for
patent or for the registration of a utility model,
industrial design, or model in respect of any in-
vention made in the United States, shall, upon
conviction, be fined not more than $10,000 or im-
prisoned for not more than two years, or both.
(July 19, 1952, ch. 950, 66 Stat. 807; Pub. L.
100–418, title IX, § 9101(b)(3), Aug. 23, 1988, 102
Stat. 1568; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125
Stat. 335.)
HISTORICAL AND REVISION NOTES
Based on Title 35, U.S.C., 1946 ed., § 156 (Feb. 1, 1952,
ch. 4, § 6, 66 Stat. 5, 6).
Language is changed.
Editorial Notes
AMENDMENTS
2011—Pub. L. 112–29 struck out ‘‘of this title’’ after
‘‘181’’ and after ‘‘184’’.
1988—Pub. L. 100–418, which directed the insertion of
‘‘willfully’’ after second reference to ‘‘whoever’’, was
executed by making the insertion after ‘‘or whoever’’,
as the probable intent of Congress.
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
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