---
kind: "section"
citation: "42 U.S.C. § 2185"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2185"
heading: "Prior art"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2185"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XII — Patents and Inventions"
---

# §2185. Prior art


In connection with applications for patents covered by this subchapter, the fact that the invention or discovery was known or used before shall be a bar to the patenting of such invention or discovery even though such prior knowledge or use was under secrecy within the [atomic energy](/usc/42/2014.md?p=c) program of the [United States](/usc/42/2014.md?p=bb).


## Source credit

(Aug. 1, 1946, ch. 724, title I, § 155, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 947; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

## Notes

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See, also, notes set out under those sections.