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Title 35 — PatentsRelease 119-73not60

§182 Abandonment of Invention for Unauthorized Disclosure

Title 35 › Part II— PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter 17— SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRY › § 182

Last updated Apr 5, 2026|Official source

Summary

If an invention is under a secrecy order, the Commissioner of Patents can declare it abandoned if the Commissioner finds it was published, otherwise disclosed, or a foreign patent was filed without the Commissioner’s permission by the inventor, their successors, assigns, legal representatives, or anyone in privity with them. The abandonment is dated to when the violation happened. The Commissioner may not allow disclosure or foreign filing unless the department heads and agency chiefs who ordered the secrecy agree. If abandoned, the applicant and related parties lose any claims against the United States based on that invention.

Full Legal Text

Title 35, §182

Patents — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

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

Editorial Notes

Amendments

2011—Pub. L. 112–29 struck out “of this title” after “181”. 1999—Pub. L. 106–113 substituted “Commissioner of Patents” for “Commissioner” wherever appearing.

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 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.

Reference

Citations & Metadata

Citation

35 U.S.C. § 182

Title 35 — Patents

Last Updated

Apr 5, 2026

Release point: 119-73not60