§ 284. — Damages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC284]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 29--REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
Sec. 284. Damages
Upon finding for the claimant the court shall award the claimant
damages adequate to compensate for the infringement, but in no event
less than a reasonable royalty for the use made of the invention by the
infringer, together with interest and costs as fixed by the court.
When the damages are not found by a jury, the court shall assess
them. In either event the court may increase the damages up to three
times the amount found or assessed. Increased damages under this
paragraph shall not apply to provisional rights under section 154(d) of
this title.
The court may receive expert testimony as an aid to the
determination of damages or of what royalty would be reasonable under
the circumstances.
(July 19, 1952, ch. 950, 66 Stat. 813; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Sec. 4507(9)], Nov. 29, 1999, 113 Stat. 1536,
1501A-566.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Secs. 67 and 70, part (R.S.
4919; R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, Sec. 6, 29 Stat.
694, (2) Feb. 18, 1922, ch. 58, Sec. 8, 42 Stat. 392, (3) Aug. 1, 1946,
ch. 726, Sec. 1, 60 Stat. 778).
This section consolidates the provisions relating to damages in R.S.
4919 and 4921, with some changes in language.
Amendments
1999--Second par. Pub. L. 106-113 inserted at end ``Increased
damages under this paragraph shall not apply to provisional rights under
section 154(d) of this title.''
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective Nov. 29, 2000, and applicable
only to applications (including international applications designating
the United States) filed on or after that date, see section 1000(a)(9)
[title IV, Sec. 4508] of Pub. L. 106-113, as amended, set out as a note
under section 10 of this title.
Section Referred to in Other Sections
This section is referred to in sections 154, 157, 287, 296 of this
title.
