2021 US Code
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. 182 - Abandonment of invention for unauthorized disclosure

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Citation 35 U.S.C. § 182 (2021)
Section Name §182. Abandonment of invention for unauthorized disclosure
Section Text

The invention disclosed in an application for patent subject to an order made pursuant to section 181 may be held abandoned upon its being established by the Commissioner of Patents that in violation of said order the invention has been published or disclosed or that an application for a patent therefor has been filed in a foreign country by the inventor, his successors, assigns, or legal representatives, or anyone in privity with him or them, without the consent of the Commissioner of Patents. The abandonment shall be held to have occurred as of the time of violation. The consent of the Commissioner of Patents shall not be given without the concurrence of the heads of the departments and the chief officers of the agencies who caused the order to be issued. A holding of abandonment shall constitute forfeiture by the applicant, his successors, assigns, or legal representatives, or anyone in privity with him or them, of all claims against the United States based upon such invention.

Source Credit

(July 19, 1952, ch. 950, 66 Stat. 806; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335.)

Editorial Notes HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., §152 (Feb. 1, 1952, ch. 4, §2, 66 Stat. 4).

Language is changed.


EDITORIAL NOTES AMENDMENTS

2011—Pub. L. 112–29 struck out "of this title" after "181".

1999—Pub. L. 106–113 substituted "Commissioner of Patents" for "Commissioner" wherever appearing.


STATUTORY NOTES AND RELATED SUBSIDIARIES 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 1999 AMENDMENT

Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 35 - PATENTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within 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. 182 - Abandonment of invention for unauthorized disclosure
Contains section 182
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 66 Stat. 806, 4
113 Stat. 1536
125 Stat. 335
Public Law References Public Law 106-113, Public Law 112-29
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