§ 186. — Penalty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC186]
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. 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
pursuant to section 181 of this title, shall, with knowledge of such
order and without due authorization, willfully publish or disclose or
authorize or cause to be published or disclosed the invention, or
material information with respect thereto, or whoever willfully, in
violation of the provisions of section 184 of this title, 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 invention made in the United States, shall, upon
conviction, be fined not more than $10,000 or imprisoned for not more
than two years, or both.
(July 19, 1952, ch. 950, 66 Stat. 807; Pub. L. 100-418, title IX,
Sec. 9101(b)(3), Aug. 23, 1988, 102 Stat. 1568.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 156 (Feb. 1, 1952, ch. 4,
Sec. 6, 66 Stat. 5, 6).
Language is changed.
Amendments
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.
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.
