§ 292. — False marking.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC292]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 29--REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
Sec. 292. False marking
(a) Whoever, without the consent of the patentee, marks upon, or
affixes to, or uses in advertising in connection with anything made,
used, offered for sale, or sold by such person within the United States,
or imported by the person into the United States, the name or any
imitation of the name of the patentee, the patent number, or the words
``patent,'' ``patentee,'' or the like, with the intent of counterfeiting
or imitating the mark of the patentee, or of deceiving the public and
inducing them to believe that the thing was made, offered for sale,
sold, or imported into the United States by or with the consent of the
patentee; or
Whoever marks upon, or affixes to, or uses in advertising in
connection with any unpatented article, the word ``patent'' or any word
or number importing that the same is patented for the purpose of
deceiving the public; or
Whoever marks upon, or affixes to, or uses in advertising in
connection with any article, the words ``patent applied for,'' ``patent
pending,'' or any word importing that an application for patent has been
made, when no application for patent has been made, or if made, is not
pending, for the purpose of deceiving the public--
Shall be fined not more than $500 for every such offense.
(b) Any person may sue for the penalty, in which event one-half
shall go to the person suing and the other to the use of the United
States.
(July 19, 1952, ch. 950, 66 Stat. 814; Pub. L. 103-465, title V,
Sec. 533(b)(6), Dec. 8, 1994, 108 Stat. 4990.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 50 (R.S. 4901).
This is a criminal provision. The first two paragraphs of the
corresponding section of existing statute are consolidated, a new
paragraph relating to false marking of ``patent applied for'' is added,
and false advertising is included in all the offenses. The minimum fine
which has been interpreted by the courts as a maximum, is replaced by a
higher maximum. The informer action is included as additional to an
ordinary criminal action.
Amendments
1994--Subsec. (a). Pub. L. 103-465, in first par., substituted
``used, offered for sale, or sold by such person within the United
States, or imported by the person into the United States'' for ``used,
or sold by him'' and ``made, offered for sale, sold, or imported into
the United States'' for ``made or sold''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective on date that is one year
after date on which the WTO Agreement enters into force with respect to
the United States [Jan. 1, 1995], with provisions relating to earliest
filed patent application, see section 534(a), (b)(3) of Pub. L. 103-465,
set out as a note under section 154 of this title.
Section Referred to in Other Sections
This section is referred to in section 157 of this title.
