Title 35 — Patents
Part III · Chapter 29 — Remedies for Infringement of Patent, and Other Actions
§ 298. Advice of counsel
Statutory text
The failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent.
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.
Pub. L. 112–29 § 17(a) · 125 Stat. 329
Enacted · 35 U.S.C. § 298
(Added Pub. L. 112–29, § 17(a), Sept. 16, 2011, 125 Stat. 329.)
Source evidence
Code source credit
(Added Pub. L. 112–29, § 17(a), Sept. 16, 2011, 125 Stat. 329.)Enacted provision · exact public law section
(a) In General.— Chapter 29 of title 35, United States Code, is amended by adding at the end the following: “§ 298. Advice of counsel “The failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent.” .
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 112–274, § 1(a), , 126 Stat. 2456, provided that: “Notwithstanding section 35 of the Leahy-Smith America Invents Act [Pub. L. 112–29] (35 U.S.C. 1 note), section 298 of title 35, United States Code, shall apply to any civil action commenced on or after the date of the enactment of this Act [].”
Except as otherwise provided in Pub. L. 112–29, section effective upon the expiration of the 1-year period beginning on , and applicable to any patent issued on or after that effective date, see section 35 of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section 1 of this title.
Credits
(Added Pub. L. 112–29, § 17(a), , 125 Stat. 329.)