35 U.S.C. § 185

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 185 - Patent barred for filing without license

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.

35 U.S.C. § 185

July 19, 1952, ch. 950, 66 Stat. 807; Pub. L. 100-418, title IX, §9101(b)(2), Aug. 23, 1988, 102 Stat. 1568; Pub. L. 107-273, div. C, title III, §13206(a)(11), Nov. 2, 2002, 116 Stat. 1904; Pub. L. 112-29, §20(c), (j), Sept. 16, 2011, 125 Stat. 333, 335.

HISTORICAL AND REVISION NOTESBased on Title 35, U.S.C., 1946 ed., §155 (Feb. 1, 1952, ch. 4, §5, 66 Stat. 5).Language is changed.

EDITORIAL NOTES

AMENDMENTS2011- Pub. L. 112-29 struck out "of this title" after "184" and after "181" and struck out "and without deceptive intent" after "error".2002- Pub. L. 107-273 struck out second period at end.1988- Pub. L. 100-418 inserted before period at end ", unless the failure to procure such license was through error and without deceptive intent, and the patent does not disclose subject matter within the scope of section 181 of this title."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2011 AMENDMENTAmendment by Pub. L. 112-29 effective upon the expiration 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 AMENDMENTAmendment 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 licenses are granted, and to all applications for such patents pending on or filed after Aug. 23, 1988, see section 9101(d) of Pub. L. 100-418 set out as a note under section 184 of this title.

invention

The term "invention" means invention or discovery.

United States

The terms "United States" and "this country" mean the United States of America, its territories and possessions.