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.
35 U.S.C. § 288
HISTORICAL AND REVISION NOTESBased 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.
EDITORIAL NOTES
AMENDMENTS2011- Pub. L. 112-29 struck out ", without deceptive intention," after "Whenever".1975- Pub. L. 93-596 substituted "Patent and Trademark Office" for "Patent Office".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENTAmendment by 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 1975 AMENDMENTAmendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596 set out as a note under section 1111 of Title 15, Commerce and Trade.
- patentee
- The word "patentee" includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.