35 U.S.C. § 185
Patent barred for filing without license
United States · Title 35 — PATENTS · Status: effective
Cite this
- Citation
- 35 U.S.C. § 185, Patent barred for filing without license, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/470860
- Permanent ID
ys:prov:470860@1- SHA-256
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Full text
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.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- Omnibus Trade and Competitiveness Act of 1988House: no recorded tallySenate: no recorded tally
- 21st Century Department of Justice Appropriations Authorization ActHouse: 400–4Senate: no recorded tally
- Leahy-Smith America Invents Act