PRIA Logo™
Take the PRIA Score
Title 35 — PatentsRelease 119-73

§185 Patent barred for filing without license

Title 35 › Part PART II— - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter CHAPTER 17— - SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRY › § 185

Last updated Apr 6, 2026|Official source

Summary

A person (and their successors, assigns, or legal representatives) cannot get a U.S. patent if they, or someone they helped, filed abroad for a patent or to register a utility model, industrial design, or model without first getting the license required by section 184. Any U.S. patent in that case is invalid unless the failure to get the license was a mistake and the patent does not disclose matters covered by section 181.

Full Legal Text

Title 35, §185

Patents — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 155 (Feb. 1, 1952, ch. 4, § 5, 66 Stat. 5). Language is changed.

Editorial Notes

Amendments

2011—Pub. L. 112–29 struck out “of this title” after “184” and after “181” and struck out “and without deceptive intent” after “error”. 2002—Pub. L. 107–273 struck out second period at end. 1988—Pub. L. 100–418 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 section 181 of this title.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 AmendmentAmendment 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 1988 AmendmentAmendment by Pub. L. 100–418 applicable, subject to certain qualifications and exceptions, to all United States patents, and to all licenses under section 184 of this title, regardless of the date such patents or licenses are granted, and to all applications for such patents pending on or filed after Aug. 23, 1988, see section 9101(d) of Pub. L. 100–418, set out as a note under section 184 of this title.

Reference

Citations & Metadata

Citation

35 U.S.C. § 185

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73