
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 35USC284]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
   CHAPTER 29--REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
 
Sec. 284. Damages

    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) of 
this title.
    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, 
Sec. 1000(a)(9) [title IV, Sec. 4507(9)], Nov. 29, 1999, 113 Stat. 1536, 
1501A-566.)


                      Historical and Revision Notes

    Based on Title 35, U.S.C., 1946 ed., Secs. 67 and 70, part (R.S. 
4919; R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, Sec. 6, 29 Stat. 
694, (2) Feb. 18, 1922, ch. 58, Sec. 8, 42 Stat. 392, (3) Aug. 1, 1946, 
ch. 726, Sec. 1, 60 Stat. 778).
    This section consolidates the provisions relating to damages in R.S. 
4919 and 4921, with some changes in language.


                               Amendments

    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 1999 Amendment

    Amendment by Pub. L. 106-113 effective on date that is 1 year after 
Nov. 29, 1999, and applicable to all applications filed under section 
111 of this title on or after that date, and all applications complying 
with section 371 of this title that resulted from international 
applications filed on or after that date, see section 1000(a)(9) [title 
IV, Sec. 4508] of Pub. L. 106-113, set out as a note under section 10 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 154, 157, 287, 296 of this 
title.
