35 USC 281: Remedy for infringement of patent

35 USC 281: Remedy for infringement of patent Text contains those laws in effect on November 27, 2024

From Title 35-PATENTSPART III-PATENTS AND PROTECTION OF PATENT RIGHTSCHAPTER 29-REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS

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§281. Remedy for infringement of patent

A patentee shall have remedy by civil action for infringement of his patent.

(July 19, 1952, ch. 950, 66 Stat. 812 .)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §§67 and 70, part (R.S. 4919; R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, §6, 29 Stat. 694 , (2) Feb. 18, 1922, ch. 58, §8, 42 Stat. 392 , (3) Aug. 1, 1946, ch. 726, §1, 60 Stat. 778 ).

The corresponding two sections of existing law are divided among sections 281, 283, 284, 285, 286 and 289 with some changes in language. Section 281 serves as an introduction or preamble to the following sections, the modern term civil action is used, there would be, of course, a right to a jury trial when no injunction is sought.