Statute · United States Code

35 U.S.C. § 288 — Action for infringement of a patent containing an invalid claim

35 U.S.C. § 288

Type
Statute
Source
United States Code
Jurisdiction
Federal
Date
2025-01-06
Topic
intellectual-property-and-technology

Whenever 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.

Whenever 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.