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35 U.S.C. § 186 — Penalty

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 129 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law punishes people who break secrecy orders on inventions or foreign patent filing rules. Willfully revealing a secret-ordered invention, or filing a foreign patent without permission, is a crime. Violators can be fined up to $10,000 or jailed up to two years, or both.

This section makes two things a crime. First: if the government has ordered an invention kept secret and withheld a patent on it under section 181, it's a crime to willfully — meaning knowingly and on purpose — publish or reveal that invention, or material information about it, without proper authorization, if you know about the secrecy order. Second: it's a crime to willfully file, or cause someone else to file, a foreign patent application (or apply to register a utility model, industrial design, or model) for an invention made in the United States, in violation of the license requirement in section 184. Anyone convicted of either crime can be fined up to $10,000, imprisoned for up to two years, or both.
the actual law source: uscode.house.gov ↗public domain

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, 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, 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.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 807; Pub. L. 100–418, title IX, § 9101(b)(3), Aug. 23, 1988, 102 Stat. 1568; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 807
  • 1988Amended · Pub. L. 100-418 · 102 Stat. 1568
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 335

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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