35 U.S.C. § 281

Current through P.L. 117-113 (published on www.congress.gov on 04/19/2022), except for [P. L. 117-103]
Section 281 - Remedy for infringement of patent

A patentee shall have remedy by civil action for infringement of his patent.

35 U.S.C. § 281

July 19, 1952, ch. 950, 66 Stat. 812.

HISTORICAL AND REVISION NOTESBased 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).The corresponding two sections of existing law are divided among sections 281, 283, 284, 285, 286 and 289 with some changes in language. Section 281 serves as an introduction or preamble to the following sections, the modern term civil action is used, there would be, of course, a right to a jury trial when no injunction is sought.

patentee
The word "patentee" includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.