§ 185. — Patent barred for filing without license.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC185]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 17--SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN
FOREIGN COUNTRY
Sec. 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 of this title, 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 without deceptive intent, and the patent does not disclose subject
matter within the scope of section 181 of this title.
(July 19, 1952, ch. 950, 66 Stat. 807; Pub. L. 100-418, title IX,
Sec. 9101(b)(2), Aug. 23, 1988, 102 Stat. 1568; Pub. L. 107-273, div. C,
title III, Sec. 13206(a)(11), Nov. 2, 2002, 116 Stat. 1904.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 155 (Feb. 1, 1952, ch. 4,
Sec. 5, 66 Stat. 5).
Language is changed.
Amendments
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 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.
