§ 284. Damages

Statutory text

Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.

When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d).

The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1952
July 19, 1952, ch. 950, 66 Stat. 813 · 66 Stat. 813
Enacted · 35 U.S.C. § 284
July 19, 1952, ch. 950, 66 Stat. 813
Source evidence
Code source credit
July 19, 1952, ch. 950, 66 Stat. 813
1999
District of Columbia Appropriations Act, 2000
Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4507)(9) · 113 Stat. 1501
Inserted · 35 U.S.C. § 284
Pub. L. 106–113 inserted at end “Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title.”
Source evidence
Code amendment note
Second par. Pub. L. 106–113 inserted at end “Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title.”
2011
Pub. L. 112–29 § 20(j) · 125 Stat. 335
Struck · 35 U.S.C. § 284
Pub. L. 112–29 struck out “of this title” after “154(d)”
Source evidence
Code amendment note
Second par. Pub. L. 112–29 struck out “of this title” after “154(d)”.
Enacted provision · exact public law section
(j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).
Effective date note
Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

1 of 3 references resolved to an enrolled provision · 2 partial

Notes

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §§ 67 and 70, part (R.S. 4919; R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, § 6, 29 Stat. 694, (2) Feb. 18, 1922, ch. 58, § 8, 42 Stat. 392, (3) Aug. 1, 1946, ch. 726, § 1, 60 Stat. 778).

This section consolidates the provisions relating to damages in R.S. 4919 and 4921, with some changes in language.

Editorial Notes

Amendments1999–2011 · 2 rounds

2011

Second par. Pub. L. 112–29 struck out “of this title” after “154(d)”.

1999

Second par. Pub. L. 106–113 inserted at end “Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title.”

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title.

Credits

1952–2011 · 3 acts

1952July 19, 1952, ch. 950, 66 Stat. 813
1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4507(9)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566
2011Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.

Show as published

(July 19, 1952, ch. 950, 66 Stat. 813; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4507(9)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)