35 U.S.C. § 186 — Penalty

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 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable, subject to certain qualifications and exceptions, to all United States patents, and to all licenses under section 184 of this title, regardless of the date such patents or li- censes are granted, and to all applications for such pat- ents pending on or filed after Aug. 23, 1988, see section 9101(d) of Pub. L. 100–418, set out as a note under sec- tion 184 of this title. § 187. Nonapplicability to certain persons The prohibitions and penalties of this chapter shall not apply to any officer or agent of the United States acting within the scope of his au- thority, nor to any person acting upon his writ- ten instructions or permission. (July 19, 1952, ch. 950, 66 Stat. 808.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 157 (Feb. 1, 1952, ch. 4, § 7, 66 Stat. 6). Language is changed. § 188. Rules and regulations, delegation of power The Atomic Energy Commission, the Sec- retary of a defense department, the chief officer of any other department or agency of the Gov- ernment designated by the President as a de- fense agency of the United States, and the Sec- retary of Commerce, may separately issue rules and regulations to enable the respective depart- ment or agency to carry out the provisions of this chapter, and may delegate any power con- ferred by this chapter. (July 19, 1952, ch. 950, 66 Stat. 808.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 158 (Feb. 1, 1952, ch. 4, § 8, 66 Stat. 6). Language is changed. Statutory Notes and Related Subsidiaries 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 Justice designated as a defense agency of United States for purposes of this chapter by Execu- tive Order No. 10457, May 27, 1953, 18 F.R. 3083. CHAPTER 18—PATENT RIGHTS IN INVEN- TIONS MADE WITH FEDERAL ASSISTANCE Sec. 200. Policy and objective. 201. Definitions. 202. Disposition of rights. 203. March-in rights. 204. Preference for United States industry. 205. Confidentiality. 206. Uniform clauses and regulations. 207. Domestic and foreign protection of federally owned inventions. 208. Regulations governing Federal licensing. 209. Licensing federally owned inventions. 210. Precedence of chapter. 211. Relationship to antitrust laws. 212. Disposition of rights in educational awards. Editorial Notes AMENDMENTS 2000—Pub. L. 106–404, § 4(b), Nov. 1, 2000, 114 Stat. 1744, substituted ‘‘Licensing federally owned inventions’’ for ‘‘Restrictions on licensing of federally owned inven- tions’’ in item 209. 1984—Pub. L. 98–620, title V, § 501(15), Nov. 8, 1984, 98 Stat. 3368, added item 212. 1982—Pub. L. 97–256, title I, § 101(5), Sept. 8, 1982, 96 Stat. 816, redesignated chapter 38, as added by Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3018, comprising sec- tions 200 to 211, as chapter 18, and transferred chapter 18, as so redesignated, to end of this part from end of part IV. § 200. Policy and objective It is the policy and objective of the Congress to use the patent system to promote the utiliza- tion of inventions arising from federally sup- ported research or development; to encourage maximum participation of small business firms in federally supported research and development efforts; to promote collaboration between com- mercial concerns and nonprofit organizations, including universities; to ensure that inventions