Title 35 — PatentsRelease 119-73
§186 Penalty
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 › § 186
Summary
If someone knows an invention has been ordered kept secret under section 181 and, without permission, purposely tells others about it or lets it be published, or if someone files abroad for a patent or similar protection for a U.S. invention in violation of section 184, they can be fined up to $10,000, sent to jail for up to two years, or both.
Full Legal Text
Title 35, §186
Patents — Source: USLM XML via OLRC
Whoever, during the period or periods of time an invention has been ordered to be kept secret and the grant of a patent thereon withheld pursuant to section 181, shall, with knowledge of such order and without due authorization, willfully publish or disclose or authorize or cause to be published or disclosed the invention, or material information with respect thereto, or whoever willfully, in violation of the provisions of section 184, shall file or cause or authorize to be filed in any foreign country an application for patent or for the registration of a utility model, industrial design, or model in respect of any invention made in the United States, shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than two years, or both.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 156 (Feb. 1, 1952, ch. 4, § 6, 66 Stat. 5, 6). Language is changed.
Editorial Notes
Amendments
2011—Pub. L. 112–29 struck out “of this title” after “181” and after “184”. 1988—Pub. L. 100–418, which directed the insertion of “willfully” after second reference to “whoever”, was executed by making the insertion after “or whoever”, as the probable intent of Congress.
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. § 186
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73