35 USC § 185 - Patent barred for filing without license

---
identifier: "/us/usc/t35/s185"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 185 - Patent barred for filing without license"
title_number: 35
title_name: "PATENTS"
section_number: "185"
section_name: "Patent barred for filing without license"
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. 807; Pub. L. 100–418, title IX, § 9101(b)(2), Aug. 23, 1988, 102 Stat. 1568; Pub. L. 107–273, div. C, title III, § 13206(a)(11), Nov. 2, 2002, 116 Stat. 1904; Pub. L. 112–29, § 20(c), (j), Sept. 16, 2011, 125 Stat. 333, 335.)"
---


# § 185. Patent barred for filing without license

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.

---

**Source Credit**: (July 19, 1952, ch. 950, 66 Stat. 807; Pub. L. 100–418, title IX, § 9101(b)(2), Aug. 23, 1988, 102 Stat. 1568; Pub. L. 107–273, div. C, title III, § 13206(a)(11), Nov. 2, 2002, 116 Stat. 1904; Pub. L. 112–29, § 20(c), (j), Sept. 16, 2011, 125 Stat. 333, 335.)

### Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 155 (, ).

Language is changed.

## Editorial Notes

### Amendments

2011— struck out “of this title” after “184” and after “181” and struck out “and without deceptive intent” after “error”.

2002— struck out second period at end.

1988— inserted before period at end “, unless the failure to procure such license was through error and without deceptive intent, and the patent does not disclose subject matter within the scope of .”

## 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 1988 Amendment

Amendment by  applicable, subject to certain qualifications and exceptions, to all United States patents, and to all licenses under , regardless of the date such patents or licenses are granted, and to all applications for such patents pending on or filed after , see , set out as a note under .