35 USC § 182 - Abandonment of invention for unauthorized disclosure

---
identifier: "/us/usc/t35/s182"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 182 - Abandonment of invention for unauthorized disclosure"
title_number: 35
title_name: "PATENTS"
section_number: "182"
section_name: "Abandonment of invention for unauthorized disclosure"
chapter_number: 17
chapter_name: "SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRY"
part_number: "II"
part_name: "PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(July 19, 1952, ch. 950, 66 Stat. 806; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)"
---


# § 182. Abandonment of invention for unauthorized disclosure

The invention disclosed in an application for patent subject to an order made pursuant to section 181 may be held abandoned upon its being established by the Commissioner of Patents that in violation of said order the invention has been published or disclosed or that an application for a patent therefor has been filed in a foreign country by the inventor, his successors, assigns, or legal representatives, or anyone in privity with him or them, without the consent of the Commissioner of Patents. The abandonment shall be held to have occurred as of the time of violation. The consent of the Commissioner of Patents shall not be given without the concurrence of the heads of the departments and the chief officers of the agencies who caused the order to be issued. A holding of abandonment shall constitute forfeiture by the applicant, his successors, assigns, or legal representatives, or anyone in privity with him or them, of all claims against the United States based upon such invention.

---

**Source Credit**: (July 19, 1952, ch. 950, 66 Stat. 806; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

### Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 152 (, ).

Language is changed.

## Editorial Notes

### Amendments

2011— struck out “of this title” after “181”.

1999— substituted “Commissioner of Patents” for “Commissioner” wherever appearing.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Amendment by  effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .

### Effective Date of 1999 Amendment

Amendment by  effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .