35 U.S.C. § 186 — Penalty (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 186 Penalty
This page consolidates MPEP guidance interpreting 35 U.S.C. § 186, including 4 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
This section covers the prohibition on unauthorized foreign filings during periods when an invention is ordered to be kept secret and the grant of a patent withheld, with penalties for violations.
What this section covers
- Defines the prohibition on unauthorized foreign filings of US inventions during secrecy orders and the associated penalties.
Key obligations
- Ensure compliance with the prohibition on unauthorized foreign filings during secrecy orders.
- Maintain knowledge of the secrecy order by all inventors and adhere to foreign filing restrictions.
- Face penalties for violating the prohibition on unauthorized foreign filings during secrecy orders, including loss of patenting rights.
Practice notes
- Ensure all inventors are aware of the secrecy order and any related foreign filing restrictions.
- Maintain accurate records of all filings and disclosures related to the invention during secrecy orders.
Official MPEP § 186 — Penalty
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 186 Penalty.
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.
(Amended Aug. 23, 1988, Public Law 100-418, sec. 9101(b)(3), 102 Stat. 1568; amended Sept. 16, 2011, Public Law 112-29, sec. 20(j), 125 Stat. 284, effective Sept. 16, 2012.)