35 U.S.C. § 185 — Patent barred for filing without (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 185 Patent barred for filing without
This page consolidates MPEP guidance interpreting 35 U.S.C. § 185, including 9 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
35 USC 185 establishes legal restrictions preventing patent issuance when inventors fail to obtain proper foreign filing authorization from the USPTO.
What this section covers
- Legal mechanism for controlling international patent filing processes through foreign filing licenses.
- Scope of restrictions on patent applications without proper foreign filing authorization.
Key obligations
- Obtain explicit permission before filing patent applications in foreign jurisdictions.
- Comply with USPTO regulations regarding international patent filing procedures.
Practice notes
- Secure foreign filing licenses before disclosing inventions internationally to avoid legal complications.
- Understand potential legal consequences of filing without proper USPTO authorization.
Official MPEP § 185 — Patent barred for filing without
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 185 Patent barred for filing without license.
[Editor Note: Applicable to proceedings commenced on or after Sept. 16, 2012. See 35 U.S.C. 185 (pre‑AIA) for the law otherwise applicable.]
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 .
(Amended Aug. 23, 1988, Public Law 100-418, sec. 9101(b)(2), 102 Stat. 1568; Nov. 2, 2002, Public Law 107-273, sec. 13206, 116 Stat. 1904; amended Sept. 16, 2011, Public Law 112-29, secs. 20(c) and (j) (effective Sept. 16, 2012), 125 Stat. 284.)
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| MPEP Section | Rules |
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| MPEP § 140 |