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2026-07-06 10:51:44 -04:00

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LegalText 35 U.S.C. § 182 Abandonment of invention for unauthorized disclosure us united_states_code code_section 35 PATENTS 17 SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRY 182 35 U.S.C. § 182 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip /us/usc/t35/s182 data/legal/raw/us/code/title-35/usc35.xml c0f3621cfe1437320f7e592895ffa8fad981995294a740bd444ea4e50b1bc79a 736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3 de3c1879251523d2c5753b3d6ea9951eeccd23075cc14a94a5db6234b466de9b 2026-07-04 official
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35 U.S.C. § 182 - Abandonment of invention for unauthorized disclosure

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.

(July 19, 1952, ch. 950, 66 Stat. 806; Pub. L. 106113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A582; Pub. L. 11229, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

Notes

Historical and Revision NotesBased on Title 35, U.S.C., 1946 ed., § 152 (Feb. 1, 1952, ch. 4, § 2, 66 Stat. 4). Language is changed.

Editorial Notes

Amendments2011—Pub. L. 11229 struck out “of this title” after “181”. 1999—Pub. L. 106113 substituted “Commissioner of Patents” for “Commissioner” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 AmendmentAmendment by Pub. L. 11229 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. 11229, set out as a note under section 2 of this title.

Effective Date of 1999 AmendmentAmendment by Pub. L. 106113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106113, set out as a note under section 1 of this title.