FEDERAL · 35 U.S.C. · Chapter 17
Abandonment of invention for unauthorized disclosure
Current through Pub. L. 119-99
Title 35 — Patents·Ch. 17 — SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRY
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 c
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35 U.S.C. § 182 (Abandonment of invention for unauthorized disclosure) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Constant v. United States
617 F.2d 239 (Court of Claims, 1980)
Source Credit
History
(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.
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.