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35 U.S.C. § 286 — Time limitation on damages

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 118 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits how far back patent owners can collect money for infringement. They can't recover damages for infringement that happened more than six years before they filed suit. A special rule pauses that clock for claims against the federal government.

Except when another law says otherwise, a patent owner cannot recover money for patent infringement that happened more than six years before they filed their lawsuit or counterclaim. Anything older than that six-year window is out of reach. There's a special rule for claims against the United States Government for using someone's patented invention. When an owner sends the government agency a written claim for payment, the clock stops. It doesn't start counting again until the government mails back a notice saying the claim is denied. That paused period — up to six years — doesn't count against the owner's six-year deadline to sue.
the actual law source: uscode.house.gov ↗public domain

Except as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.

In the case of claims against the United States Government for use of a patented invention, the period before bringing suit, up to six years, between the date of receipt of a written claim for compensation by the department or agency of the Government having authority to settle such claim, and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as part of the period referred to in the preceding paragraph.

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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