28-U.S.C.-1928

§1928 – Patent Infringement Action; Disclaimer Not Filed

Pathway

Title 28 > Part V > Chapter 123 > Section 1928

Details

• Reference: Section 1928
• Legend: §1928 – Patent Infringement Action; Disclaimer Not Filed
• USCode Year: 2013

Provision Content

Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the United States Patent and Trademark Office prior to the commencement of the action.

(June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(17)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §821 (R.S. §973).

Word action was substituted for any suit at law or in equity to conform with Rule 2 of the Federal Rules of Civil Procedure.

Words or decree were omitted after judgment, because a judgment under Rule 54(a) of the Federal Rules of Civil Procedure by definition includes a decree.

Changes were made in phraseology.

Amendments

1999—Pub. L. 106–113 substituted United States Patent and Trademark Office for Patent Office.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

U.S. Encyclopedia of Law Coverage

28-U.S.C.-1914 in the Legal Encyclopedia: Judiciary

In this entry about 28-U.S.C.-1914, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

28-U.S.C.-1922 in the Legal Encyclopedia: Judicial Procedure

In this entry about 28-U.S.C.-1922, find legal reference material, bibliographies and premiere content related to judicial procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States judicial procedure-specific issues, written by authorities in the field.

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