The failure to perform any acts described in the preceding sentence is evidence of absence of good faith unless there are mitigating circumstances. Mitigating circumstances include the case in which, due to the nature of the product, the number of sources for the product, or like commercial circumstances, a request for disclosure is not necessary or practicable to avoid infringement.
35 U.S.C. § 287
HISTORICAL AND REVISION NOTESBased on Title 35, U.S.C., 1946 ed., §49 (R.S. 4900, amended Feb. 7, 1927, ch. 67, 44 Stat. 1058).Language is changed. The proviso in the corresponding section of existing statute is omitted as being temporary in character and now obsolete.
EDITORIAL NOTES
REFERENCES IN TEXTSection 9006 of the Process Patent Amendments Act of 1988, referred to in subsec. (b)(1), is section 9006 of title IX of Pub. L. 100-418 which is set out as a note under section 271 of this title.The effective date of the Process Patent Amendments Act of 1988, referred to in subsec. (b)(4)(C), is the effective date of title IX of Pub. L. 100-418. See section 9006 of Pub. L. 100-418 set out as a note under section 271 of this title.Section 501(c) of the Internal Revenue Code, referred to in subsec. (c)(3), is classified to section 501(c) of Title 26, Internal Revenue Code.The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(3)(B), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.The Public Health Service Act, referred to in subsec. (c)(3)(B), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.The Clinical Laboratories Improvement Act, referred to in subsec. (c)(3)(B), probably means the Clinical Laboratories Improvement Act of 1967, section 5 of Pub. L. 90-174, Dec. 5, 1967, 81 Stat. 536, which enacted section 263a of Title 42 and enacted provisions set out as notes under section 263a of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 263a of Title 42 and Tables.
AMENDMENTS2011-Subsec. (a). Pub. L. 112-29, §16(a)(1), substituted "or by fixing thereon the word 'patent' or the abbreviation 'pat.' together with an address of a posting on the Internet, accessible to the public without charge for accessing the address, that associates the patented article with the number of the patent, or when," for "or when,".Subsec. (b)(2). Pub. L. 112-29, §20(j), struck out "of this title" after "271(g)".Subsec. (c)(1). Pub. L. 112-29, §20(j), struck out "of this title" after "271(a) or (b)" and after "285".Subsec. (c)(2)(G). Pub. L. 112-29, §20(i)(4), substituted "any State" for "any state".Subsec. (c)(4). Pub. L. 112-29, §3(g)(2), substituted "which has an effective filing date before" for "the earliest effective filing date of which is prior to".1999-Subsec. (c)(4). Pub. L. 106-113 substituted "based on an application the earliest effective filing date of which is prior to September 30, 1996" for "before the date of enactment of this subsection".1996-Subsec. (c). Pub. L. 104-208 added subsec. (c).1994-Subsec. (a). Pub. L. 103-465, §533(b)(5)(A), substituted "making, offering for sale, or selling within the United States" for "making or selling" and inserted "or importing any patented article into the United States," after "under them,".Subsec. (b)(1)(C). Pub. L. 103-465, §533(b)(5)(B)(i), substituted "use, offer for sale, or sale" for "use, or sale".Subsec. (b)(4)(A). Pub. L. 103-465, §533(b)(5)(B)(ii), substituted "sold, offered for sale, or" for "sold or" in introductory provisions.Subsec. (b)(4)(A)(ii). Pub. L. 103-465, §533(b)(5)(B)(iii), substituted "use, offer for sale, or sale" for "use, or sale".Subsec. (b)(4)(C). Pub. L. 103-465, §533(b)(5)(B)(iv), (v), substituted "have been offered for sale or sold" for "have been sold" and "United States, or imported by the person into the United States, before" for "United States before".1988- Pub. L. 100-418 inserted "and other remedies" in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENTAmendment by section 3(g)(2) of Pub. L. 112-29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112-29 set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title. Pub. L. 112-29, §16(a)(2), Sept. 16, 2011, 125 Stat. 328, provided that: "The amendment made by this subsection [amending this section] shall apply to any case that is pending on, or commenced on or after, the date of the enactment of this Act [Sept. 16, 2011]."Amendment by section 20(i)(4), (j) of Pub. L. 112-29 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, see section 20(l) of Pub. L. 112-29 set out as a note under section 2 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTAmendment by Pub. L. 103-465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103-465 set out as a note under section 154 of this title.
EFFECTIVE DATE OF 1988 AMENDMENTAmendment by Pub. L. 100-418 effective 6 months after Aug. 23, 1988, and, subject to enumerated exceptions, applicable only with respect to products made or imported after such effective date, see section 9006 of Pub. L. 100-418 set out as a note under section 271 of this title.
- process
- The term "process" means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
- United States
- The terms "United States" and "this country" mean the United States of America, its territories and possessions.
- patentee
- The word "patentee" includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.