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35 U.S.C. § 298 — Advice of counsel

submitted 15 years ago by Pub. L. 112-29 to r/title-35-PATENTS · 58 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits how patent infringement cases can use a lack of legal advice. Not getting a lawyer's opinion on infringement can't be used to prove someone infringed on purpose.

This section has no lettered subsections. If someone accused of infringing a patent didn't get a lawyer's advice about whether the patent was being infringed, that fact alone cannot be used as proof that they infringed on purpose or meant to get someone else to infringe. The same goes if they got the advice but simply didn't show it to the court or jury — that failure to present it also can't be used as proof of willful or induced infringement.
the actual law source: uscode.house.gov ↗public domain

The failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent.

Source credit: (Added Pub. L. 112–29, § 17(a), Sept. 16, 2011, 125 Stat. 329.)

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 112-29 · 125 Stat. 329

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-29 on 2011-09-16.

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