35-U.S.C.-289

35-U.S.C.-289

§289 – Additional Remedy For Infringement of Design Patent

Pathway

Title 35 > Part III > Chapter 29 > Section 289

Details

  • Reference: Section 289
  • Legend: §289 – Additional Remedy For Infringement of Design Patent
  • USCode Year: 2013

Provision Content

Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or (2) sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit, but not less than $250, recoverable in any United States district court having jurisdiction of the parties.

Nothing in this section shall prevent, lessen, or impeach any other remedy which an owner of an infringed patent has under the provisions of this title, but he shall not twice recover the profit made from the infringement.

(July 19, 1952, ch. 950, 66 Stat. 813.)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §§74, 75 (Feb. 4, 1887, ch. 105, §§1, 2, 24 Stat. 387, 388).

Language is changed.

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.-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.-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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