Title 35 — Patents
Part III · Chapter 29 — Remedies for Infringement of Patent, and Other Actions
§ 288. Action for infringement of a patent containing an invalid claim
Statutory text
Whenever a claim of a patent is invalid, an action may be maintained for the infringement of a claim of the patent which may be valid. The patentee shall recover no costs unless a disclaimer of the invalid claim has been entered at the Patent and Trademark Office before the commencement of the suit.
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.
July 19, 1952, ch. 950, 66 Stat. 813 · 66 Stat. 813
Enacted · 35 U.S.C. § 288
July 19, 1952, ch. 950, 66 Stat. 813
Source evidence
Code source credit
July 19, 1952, ch. 950, 66 Stat. 813Pub. L. 93–596 § 1 · 88 Stat. 1949
Substituted · 35 U.S.C. § 288
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”
Source evidence
Code amendment note
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.Enacted provision · exact public law section
Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they 35 USC 1 et seq. appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.Pub. L. 112–29 § 20(h) · 125 Stat. 334
Struck · 35 U.S.C. § 288
Pub. L. 112–29 struck out “, without deceptive intention,” after “Whenever”
Source evidence
Code amendment note
Pub. L. 112–29 struck out “, without deceptive intention,” after “Whenever”.Enacted provision · exact public law section
(h) Action for Infringement.— Section 288 of title 35, United States Code, is amended by striking “, without deceptive intention,”.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.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 71 (R.S. 4922).
The necessity for a disclaimer to recover on valid claims is eliminated. See section 253.
Language is changed.
Editorial Notes
Amendments1975–2011 · 2 rounds
2011
Pub. L. 112–29 struck out “, without deceptive intention,” after “Whenever”.
1975
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
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 , 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 1975 Amendment
Amendment by Pub. L. 93–596 effective , see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
Credits
1952–2011 · 3 acts
- 1952July 19, 1952, ch. 950, 66 Stat. 813
- 1975Pub. L. 93–596, § 1, , 88 Stat. 1949
- 2011Pub. L. 112–29, § 20(h), , 125 Stat. 334.
Show as published
(July 19, 1952, ch. 950, 66 Stat. 813; Pub. L. 93–596, § 1, , 88 Stat. 1949; Pub. L. 112–29, § 20(h), , 125 Stat. 334.)