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35 U.S.C. § 289Additional remedy for infringement of design patent

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 124 words · no verdicts yet

in plain englishAI-generated · not legal advice

If someone applies a patented design (or something that copies it) to a manufactured item for sale, or sells such an item, without the patent owner's permission, they owe the owner their total profit from doing so — but never less than $250. The owner can sue in federal district court to collect this. This remedy doesn't block any other remedy the owner has, but the owner can't collect the same profit twice.

Whoever, during a design patent's term, does either of the following without the owner's license: (1) applies the patented design, or anything that imitates it closely enough to be confused with it (a "colorable imitation"), to a manufactured article in order to sell it; or (2) sells or offers for sale a manufactured article that the design or its imitation has been applied to — is liable to the patent owner for the infringer's total profit from doing so, but never less than $250. The owner can recover this amount by suing in any United States district court that has jurisdiction over the parties. This section does not block, reduce, or interfere with any other remedy the owner of an infringed patent has under other parts of this title, but the owner cannot recover the same infringement profit twice.
the actual law source: uscode.house.gov ↗public domain

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.

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

history & why it existsrecord from the source credit
  • 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 813

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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