Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.
When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section
The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
Pub. L. 112–29, § 20(j), (l),Sept. 16, 2011, 125 Stat. 335, provided that, effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, this section is amended by striking “of this title” each place that term appears. See 2011 Amendment note below.
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §§ 67 and
70, part (R.S. 4919; R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, § 6,29 Stat. 694, (2) Feb. 18, 1922, ch. 58, § 8,42 Stat. 392, (3) Aug. 1, 1946, ch. 726, § 1,60 Stat. 778).
This section consolidates the provisions relating to damages in R.S. 4919 and 4921, with some changes in language.
2011—Second par. Pub. L. 112–29struck out “of this title” after “154(d)”.
1999—Second par. Pub. L. 106–113inserted at end “Increased damages under this paragraph shall not apply to provisional rights under section
154(d) of this title.”
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–29effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) ofPub. L. 112–29, set out as a note under section
2 of this title.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–113effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, see section
1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section
10 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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