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

35 U.S.C. 288: Action for infringement of a patent containing an invalid claimText contains those laws in effect through Public Law 119-124 (October 15, 2026).

From Title 35-PATENTSCHAPTER 29-REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS

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§288. Action for infringement of a patent containing an invalid claim

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.

( July 19, 1952, ch. 950 , 66 Stat. 813 ; Pub. L. 93-596, § 1 , Jan. 2, 1975 , 88 Stat. 1949 ; Pub. L. 112-29, § 20(h) , Sept. 16, 2011 , 125 Stat. 334 .)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 71 (R.S. 4922).

The necessity for a disclaimer to recover on valid claims is eliminated. See section 253.

Language is changed.

Editorial Notes

Amendments

2011⁠—Pub. L. 112-29 struck out “, without deceptive intention,” after “Whenever”.

1975⁠—Pub. L. 93-596 substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Pub. L. 112-29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112-29, set out as a note under section 2 of this title.

Effective Date of 1975 Amendment

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a note under section 1111 of Title 15, Commerce and Trade.