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, 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 the patent does not disclose subject matter within the scope of section 181.
July 19, 1952, ch. 95066 Stat. 807Pub. L. 100–418, title IX, § 9101(b)(2)102 Stat. 1568Pub. L. 107–273, div. C, title III, § 13206(a)(11)116 Stat. 1904Pub. L. 112–29, § 20(c)125 Stat. 333(, ; , , ; , , ; , (j), , , 335.)
Historical and Revision Notes
Feb. 1, 1952, ch. 4, § 566 Stat. 5Based on Title 35, U.S.C., 1946 ed., § 155 (, ).
Language is changed.
Editorial Notes
Amendments
Pub. L. 112–292011— struck out “of this title” after “184” and after “181” and struck out “and without deceptive intent” after “error”.
Pub. L. 107–2732002— struck out second period at end.
Pub. L. 100–418section 181 of this title1988— 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 .”
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Pub. L. 112–29lPub. L. 112–29section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–418section 184 of this titlesection 9101(d) of Pub. L. 100–418section 184 of this titleAmendment by applicable, subject to certain qualifications and exceptions, to all United States patents, and to all licenses under , regardless of the date such patents or licenses are granted, and to all applications for such patents pending on or filed after , see , set out as a note under .