35 U.S.C. § 288 — Action for infringement of a patent containing an invalid claim

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 54 words · no verdicts yet

in plain englishAI-generated · not legal advice

A patent owner can still sue for infringing a valid claim, even if another claim in the patent is invalid. But they can't recover court costs unless they disclaimed the invalid claim before suing.

Even when one claim of a patent is invalid, the patent owner can still bring a lawsuit for someone infringing a different claim of that patent that may be valid. But the patentee cannot recover court costs unless a disclaimer of the invalid claim was filed at the Patent and Trademark Office before the lawsuit began.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (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.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 813
1975Amended · Pub. L. 93-596 · 88 Stat. 1949
2011Amended · Pub. L. 112-29 · 125 Stat. 334

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

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