§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.

Cross References

Action against United States in United States Court of Federal Claims for use and manufacture of invention, see section 1498 of Title 28, Judiciary and Judicial Procedure.

Jurisdiction, district courts as having original and exclusive jurisdiction of civil actions arising under any Act of Congress relating to patents, see section 1338 of Title 28.

Power of court to grant injunctions, see section 283 of this title.

Service of process in infringement action, see section 1694 of Title 28.

Venue of actions for infringement, see section 1400 of Title 28.

Section Referred to in Other Sections

This section is referred to in sections 157, 287 of this title.