35-U.S.C.-298
§298 – Advice of Counsel
Pathway
Title 35 > Part III > Chapter 29 > Section 298
Details
- Reference: Section 298
- Legend: §298 – Advice of Counsel
- USCode Year: 2013
Provision Content
The failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent.
(Added Pub. L. 112–29, §17(a), Sept. 16, 2011, 125 Stat. 329.)
Effective Date
Pub. L. 112–274, §1(a), Jan. 14, 2013, 126 Stat. 2456, provided that: Notwithstanding section 35 of the Leahy-Smith America Invents Act [Pub. L. 112–29] (35 U.S.C. 1 note), section 298 of title 35, United States Code, shall apply to any civil action commenced on or after the date of the enactment of this Act [Jan. 14, 2013].
Except as otherwise provided in Pub. L. 112–29, section effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued on or after that effective date, see section 35 of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section 1 of this title.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-286 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-286, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
35-U.S.C.-294 in the Legal Encyclopedia: Rights
In this entry about 35-U.S.C.-294, find legal reference material, bibliographies and premiere content related to rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States rights-specific issues, written by authorities in the field.
35-U.S.C.-289 in the Legal Encyclopedia: Protection
In this entry about 35-U.S.C.-289, find legal reference material, bibliographies and premiere content related to protection in the American Encyclopedia of Law, presenting a comprehensive view of the United States protection-specific issues, written by authorities in the field.
35-U.S.C.-283 in the Legal Encyclopedia: Patent Rights
In this entry about 35-U.S.C.-283, find legal reference material, bibliographies and premiere content related to patent rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States patent rights-specific issues, written by authorities in the field.
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