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