28 U.S.C. § 1928 — Patent infringement action; disclaimer not filed
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 81 words · no verdicts yet
A patent-infringement judgment cannot include costs in the stated inventor-claim situation unless a disclaimer was filed before suit.
Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs must be included in such judgment, unless the proper disclaimer has been filed in the United States Patent and Trademark Office before the commencement of the action.
Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the United States Patent and Trademark Office prior to the commencement of the action.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(17)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 957
- 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
all 0 arguments · sorted by: best
no arguments yet — make the first case