§ 1928. — Patent infringement action; disclaimer not filed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1928]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 123--FEES AND COSTS
Sec. 1928. Patent infringement action; disclaimer not filed
Whenever a judgment is rendered for the plaintiff in any patent
infringement action involving a part of a patent and it appears that the
patentee, in his specifications, claimed to be, but was not, the
original and first inventor or discoverer of any material or substantial
part of the thing patented, no costs shall be included in such judgment,
unless the proper disclaimer has been filed in the United States Patent
and Trademark Office prior to the commencement of the action.
(June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Sec. 4732(b)(17)], Nov. 29, 1999, 113 Stat.
1536, 1501A-585.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 821 (R.S. Sec. 973).
Word ``action'' was substituted for ``any suit at law or in equity''
to conform with Rule 2 of the Federal Rules of Civil Procedure.
Words ``or decree'' were omitted after ``judgment,'' because a
judgment under Rule 54(a) of the Federal Rules of Civil Procedure by
definition includes a decree.
Changes were made in phraseology.
Amendments
1999--Pub. L. 106-113 substituted ``United States Patent and
Trademark Office'' for ``Patent Office''.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of Title 35, Patents.
