§ 288. — Action for infringement of a patent containing an invalid claim.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC288]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 29--REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
Sec. 288. Action for infringement of a patent containing an
invalid claim
Whenever, without deceptive intention, 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.
(July 19, 1952, ch. 950, 66 Stat. 813; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 71 (R.S. 4922).
The necessity for a disclaimer to recover on valid claims is
eliminated. See section 253.
Language is changed.
Amendments
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
Effective Date of 1975 Amendment
Amendment 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.
Section Referred to in Other Sections
This section is referred to in section 157 of this title.
