35 U.S.C. § 181 — Secrecy of certain inventions and with-

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 Dec. 8, 1994, and applicable to all patent applica- tions filed in the United States on or after that effec- 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. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–247 effective Oct. 1, 1982, see section 17(a) of Pub. L. 97–247, set out as a note under section 41 of this title. CHAPTER 17—SECRECY OF CERTAIN INVEN- TIONS AND FILING APPLICATIONS IN FOR- EIGN COUNTRY Sec. 181. Secrecy of certain inventions and with- holding of patent. 182. Abandonment of invention for unauthorized disclosure. 183. Right to compensation. 184. Filing of application in foreign country. 185. Patent barred for filing without license. 186. Penalty. 187. Nonapplicability to certain persons. 188. Rules and regulations, delegation of power. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273, div. C, title III, § 13206(a)(10), Nov. 2, 2002, 116 Stat. 1904, substituted ‘‘to’’ for ‘‘of’’ in item 183. § 181. Secrecy of certain inventions and with- holding of patent Whenever publication or disclosure by the publication of an application or by the grant of a patent on an invention in which the Govern- ment has a property interest might, in the opin- ion of the head of the interested Government agency, be detrimental to the national security, the Commissioner of Patents upon being so noti- fied shall order that the invention be kept secret and shall withhold the publication of the appli- cation or the grant of a patent therefor under the conditions set forth hereinafter. Whenever the publication or disclosure of an invention by the publication of an application or by the granting of a patent, in which the Gov- ernment does not have a property interest, might, in the opinion of the Commissioner of Patents, be detrimental to the national secu- rity, he shall make the application for patent in which such invention is disclosed available for inspection to the Atomic Energy Commission, the Secretary of Defense, and the chief officer of any other department or agency of the Govern- ment designated by the President as a defense agency of the United States. Each individual to whom the application is disclosed shall sign a dated acknowledgment thereof, which acknowledgment shall be entered in the file of the application. If, in the opinion of the Atomic Energy Commission, the Sec- retary of a Defense Department, or the chief of- ficer of another department or agency so des- ignated, the publication or disclosure of the in- vention by the publication of an application or by the granting of a patent therefor would be detrimental to the national security, the Atom- ic Energy Commission, the Secretary of a De- fense Department, or such other chief officer shall notify the Commissioner of Patents and the Commissioner of Patents shall order that the invention be kept secret and shall withhold the publication of the application or the grant of a patent for such period as the national inter- est requires, and notify the applicant thereof. Upon proper showing by the head of the depart- ment or agency who caused the secrecy order to be issued that the examination of the applica- tion might jeopardize the national interest, the Commissioner of Patents shall thereupon main- tain the application in a sealed condition and notify the applicant thereof. The owner of an ap- plication which has been placed under a secrecy order shall have a right to appeal from the order to the Secretary of Commerce under rules pre- scribed by him. An invention shall not be ordered kept secret and the publication of the application or the grant of a patent withheld for a period of more than one year. The Commissioner of Patents shall renew the order at the end thereof, or at the end of any renewal period, for additional pe- riods of one year upon notification by the head of the department or the chief officer of the agency who caused the order to be issued that an affirmative determination has been made that the national interest continues so to re- quire. An order in effect, or issued, during a time when the United States is at war, shall re- main in effect for the duration of hostilities and Page 84 TITLE 35—PATENTS § 182 one year following cessation of hostilities. An order in effect, or issued, during a national emergency declared by the President shall re- main in effect for the duration of the national emergency and six months thereafter. The Com- missioner of Patents may rescind any order upon notification by the heads of the depart- ments and the chief officers of the agencies who caused the order to be issued that the publica- tion or disclosure of the invention is no longer deemed detrimental to the national security. (July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(7), 4732(a)(10)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, 1501A–582.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 151 (Feb. 1, 1952, ch. 4, § 1, 66 Stat. 3, 4). Language is changed. Editorial Notes AMENDMENTS 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(B)], substituted ‘‘Commissioner of Patents’’ for ‘‘Commissioner’’ wherever appearing. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(A)], in first par., inserted ‘‘by the publication of an applica- tion or’’ after ‘‘disclosure’’ and ‘‘the publication of the application or’’ after ‘‘withhold’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(B)], in- serted ‘‘by the publication of an application or’’ after ‘‘disclosure of an invention’’ in second par. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(C)], in third par., inserted ‘‘by the publication of the applica- tion or’’ after ‘‘disclosure of the invention’’ and ‘‘the publication of the application or’’ after ‘‘withhold’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(D)], in- serted ‘‘the publication of an application or’’ after ‘‘kept secret and’’ in first sentence of fourth par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title IV, § 4507(7)] of Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applica- tions designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title. Amendment by section 1000(a)(9) [title IV, § 4732(a)(10)(B)] of 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. TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Func- tions notes set out under those sections. Executive Documents DEFENSE AGENCIES Department of Homeland Security designated as a de- fense agency of United States for purposes of this chap- ter by Executive Order No. 13286, § 85, Feb. 28, 2003, 68 F.R. 10632. § 182. Abandonment of invention for unauthor- ized disclosure The invention disclosed in an application for patent subject to an order made pursuant to sec- tion 181 may be held abandoned upon its being established by the Commissioner of Patents that in violation of said order the invention has been published or disclosed or that an application for a patent therefor has been filed in a foreign country by the inventor, his successors, assigns, or legal representatives, or anyone in privity with him or them, without the consent of the Commissioner of Patents. The abandonment shall be held to have occurred as of the time of violation. The consent of the Commissioner of Patents shall not be given without the concur- rence of the heads of the departments and the chief officers of the agencies who caused the order to be issued. A holding of abandonment shall constitute forfeiture by the applicant, his successors, assigns, or legal representatives, or anyone in privity with him or them, of all claims against the United States based upon such invention. (July 19, 1952, ch. 950, 66 Stat. 806; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; 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., § 152 (Feb. 1, 1952, ch. 4, § 2, 66 Stat. 4). Language is changed. Editorial Notes AMENDMENTS 2011—Pub. L. 112–29 struck out ‘‘of this title’’ after ‘‘181’’. 1999—Pub. L. 106–113 substituted ‘‘Commissioner of Patents’’ for ‘‘Commissioner’’ wherever appearing. 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. § 183. Right to compensation An applicant, his successors, assigns, or legal representatives, whose patent is withheld as herein provided, shall have the right, beginning at the date the applicant is notified that, except for such order, his application is otherwise in condition for allowance, or February 1, 1952, whichever is later, and ending six years after a patent is issued thereon, to apply to the head of any department or agency who caused the order to be issued for compensation for the damage caused by the order of secrecy and/or for the use of the invention by the Government, resulting from his disclosure. The right to compensation for use shall begin on the date of the first use of the invention by the Government. The head of the department or agency is authorized, upon the presentation of a claim, to enter into an