§ 296. — Liability of States, instrumentalities of States, and State officials for infringement of patents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC296]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 29--REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
Sec. 296. Liability of States, instrumentalities of States, and
State officials for infringement of patents
(a) In General.--Any State, any instrumentality of a State, and any
officer or employee of a State or instrumentality of a State acting in
his official capacity, shall not be immune, under the eleventh amendment
of the Constitution of the United States or under any other doctrine of
sovereign immunity, from suit in Federal court by any person, including
any governmental or nongovernmental entity, for infringement of a patent
under section 271, or for any other violation under this title.
(b) Remedies.--In a suit described in subsection (a) for a violation
described in that subsection, remedies (including remedies both at law
and in equity) are available for the violation to the same extent as
such remedies are available for such a violation in a suit against any
private entity. Such remedies include damages, interest, costs, and
treble damages under section 284, attorney fees under section 285, and
the additional remedy for infringement of design patents under section
289.
(Added Pub. L. 102-560, Sec. 2(a)(2), Oct. 28, 1992, 106 Stat. 4230.)
Effective Date
Section effective with respect to violations that occur on or after
Oct. 28, 1992, see section 4 of Pub. L. 102-560, set out as an Effective
Date of 1992 Amendment note under section 2541 of Title 7, Agriculture.
