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

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

(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.)
Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 71 (R.S. 4922).
The necessity for a disclaimer to recover on valid claims is eliminated. See section 253.
Language is changed.
Amendments

2011—Pub. L. 112–29struck out “, without deceptive intention,” after “Whenever”.
1975—Pub. L. 93–596substituted “Patent and Trademark Office” for “Patent Office”.
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 1975 Amendment

Amendment by Pub. L. 93–596effective Jan. 2, 1975, see section 4 ofPub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.

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.

35 USCDescription of ChangeSession YearPublic LawStatutes at Large

 

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