§ 289. — Additional remedy for infringement of design patent.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC289]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 29--REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
Sec. 289. Additional remedy for infringement of design patent
Whoever during the term of a patent for a design, without license of
the owner, (1) applies the patented design, or any colorable imitation
thereof, to any article of manufacture for the purpose of sale, or (2)
sells or exposes for sale any article of manufacture to which such
design or colorable imitation has been applied shall be liable to the
owner to the extent of his total profit, but not less than $250,
recoverable in any United States district court having jurisdiction of
the parties.
Nothing in this section shall prevent, lessen, or impeach any other
remedy which an owner of an infringed patent has under the provisions of
this title, but he shall not twice recover the profit made from the
infringement.
(July 19, 1952, ch. 950, 66 Stat. 813.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Secs. 74, 75 (Feb. 4, 1887, ch.
105, Secs. 1, 2, 24 Stat. 387, 388).
Language is changed.
Section Referred to in Other Sections
This section is referred to in sections 157, 296 of this title.
