35-U.S.C.-185
§185 – Patent Barred For Filing Without License
Pathway
Title 35 > Part II > Chapter 17 > Section 185
Details
- Reference: Section 185
- Legend: §185 – Patent Barred For Filing Without License
- USCode Year: 2013
Provision Content
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 anothers 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.
(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 Notes
Based on Title 35, U.S.C., 1946 ed., §155 (Feb. 1, 1952, ch. 4, §5, 66 Stat. 5).
Language is changed.
Amendments
2011—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.
Effective Date of 2011 Amendment
Amendment 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 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 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.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-171 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-171, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
35-U.S.C.-185 in the Legal Encyclopedia: Inventions
In this entry about 35-U.S.C.-185, find legal reference material, bibliographies and premiere content related to inventions in the American Encyclopedia of Law, presenting a comprehensive view of the United States inventions-specific issues, written by authorities in the field.
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