Title 35, PatentsRelease 119-102

§205 Confidentiality

Title 35 › PART II — PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › CHAPTER 18 — PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE › § 205

Last updated Aug 21, 2026|Official source

Summary

Federal agencies can keep secret information about an invention the government owns or might own part of, including nonexclusive licenses, for a reasonable time so a patent application can be filed. Agencies also do not have to give out copies of documents that are part of patent applications filed with the U.S. Patent and Trademark Office or any foreign patent office.

Full Legal Text

Title 35, §205

Patents, Source: USLM XML via OLRC

Federal agencies are authorized to withhold from disclosure to the public information disclosing any invention in which the Federal Government owns or may own a right, title, or interest (including a nonexclusive license) for a reasonable time in order for a patent application to be filed. Furthermore, Federal agencies shall not be required to release copies of any document which is part of an application for patent filed with the United States Patent and Trademark Office or with any foreign patent office.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1981, but implementing

Regulations

authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as an

Effective Date

of 1980 Amendment note under section 41 of this title.

Reference

Citations & Metadata

Citation

35 U.S.C. § 205

Title 35, Patents

Last Updated

Aug 21, 2026

Release point: 119-102