§ 289. Additional remedy for infringement of design patent

Statutory text

Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or (2) sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit, but not less than $250, recoverable in any United States district court having jurisdiction of the parties.

Nothing in this section shall prevent, lessen, or impeach any other remedy which an owner of an infringed patent has under the provisions of this title, but he shall not twice recover the profit made from the infringement.

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. § 289
(July 19, 1952, ch. 950, 66 Stat. 813.)
Source evidence
Code source credit
(July 19, 1952, ch. 950, 66 Stat. 813.)

0 of 1 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §§ 74, 75 (Feb. 4, 1887, ch. 105, §§ 1, 2, 24 Stat. 387, 388).

Language is changed.

Credits

(July 19, 1952, ch. 950, 66 Stat. 813.)