35-U.S.C.-284

35-U.S.C.-284

§284 – Damages

Pathway

Title 35 > Part III > Chapter 29 > Section 284

Details

  • Reference: Section 284
  • Legend: §284 – Damages
  • USCode Year: 2013

Provision Content

Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.

When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d).

The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.

(July 19, 1952, ch. 950, 66 Stat. 813; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4507(9)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335.)

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).

This section consolidates the provisions relating to damages in R.S. 4919 and 4921, with some changes in language.

Amendments

2011—Second par. Pub. L. 112–29 struck out of this title after 154(d).

1999—Second par. Pub. L. 106–113 inserted at end Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title.

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 1999 Amendment

Amendment by Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, §4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title.

U.S. Encyclopedia of Law Coverage

35-U.S.C.-212 in the Legal Encyclopedia: Patents

In this entry about 35-U.S.C.-212, 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.-257 in the Legal Encyclopedia: Rights

In this entry about 35-U.S.C.-257, 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.-251 in the Legal Encyclopedia: Protection

In this entry about 35-U.S.C.-251, 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.

Topic Map


Posted

in

,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *