35 U.S.C. 186, Penalty
Potential for Errors: This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code) as amended by the Leahy-Smith America Invents Act. This page was last updated in November 2011. While the page has been edited to help ensure that the changes made by the AIA to this section are reflected in this document, errors are possible. If you notice such errors, please contact Dan Tysver at (firstname.lastname@example.org).
Alternate Views: This page uses stylesheets to allow different views of this statutory section. By clicking on the buttons below, one can view this section in a redline version reflecting the changes made by the AIA, a clean version showing the section after the AIA, or an original version showing the original section before the AIA. There is an index page and an all-sections page for this version of 35 USC.
Effective Date: Various sections of the AIA are implemented using different effective dates. If changes have been made to this section of the Patent Act, the effective date(s) for those changes are found in the implementing section of the AIA, and are reproduced below for your convenience.
Redline Clean Version (after America Invents Act) Original (before AIA)
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 of this title, 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 of this title, 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.)
Effective Dates for Changes Made to this Section
REMOVAL OF "OF THIS TITLE"
Section 20 of the America Invents Act
(l) EFFECTIVE DATE.--The amendments made by this section shall take effect upon the expiration of the 1 year period beginning on the date of the enactment of this Act and shall apply to proceedings commenced on or after that effective date.