35 U.S.C. § 288

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 288 - Action for infringement of a patent containing an invalid claim

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.

35 U.S.C. § 288

July 19, 1952, ch. 950, 66 Stat. 813; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 112-29, §20(h), Sept. 16, 2011, 125 Stat. 334.

HISTORICAL AND REVISION NOTESBased 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.


AMENDMENTS2011- Pub. L. 112-29 struck out ", without deceptive intention," after "Whenever".1975- Pub. L. 93-596 substituted "Patent and Trademark Office" for "Patent Office".


EFFECTIVE DATE OF 2011 AMENDMENTAmendment 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 1975 AMENDMENTAmendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596 set out as a note under section 1111 of Title 15, Commerce and Trade.

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