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.
Notes of Decisions
Constant v. United States, 223 Ct. Cl. 148 (Ct. Cl. 1980).
· cites it 2× “35 U.S.C. § 186 . Section 183 of Title 35 gives to inventors and patent applicants affected by such secrecy orders the right, if a patent is found allowable, to seek compensation for damages caused by the imposition of the order.”
In re Gaertner, 604 F.2d 1348 (C.C.P.A. 1979).
“35 U.S.C. § 186 provides for criminal penalties upon conviction of one who “in violation of the provisions of section 184 of this title” files an application in a foreign country “in respect of any invention made in the United States.”
Barr Rubber Prods. Co. v. Sun Rubber Co., 253 F. Supp. 12 (S.D.N.Y. 1966).
“§ 185 from the criminal penalties of *18 35 U.S.C. § 186 . 23 Accordingly, the court held that the Commissioner had power to issue the retroactive license and that the patent was valid.”
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