
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 35USC288]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
   CHAPTER 29--REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
 
Sec. 288. Action for infringement of a patent containing an 
        invalid claim
        
    Whenever, without deceptive intention, a claim of a patent is 
invalid, an action may be maintained for the infringement of a claim of 
the patent which may be valid. The patentee shall recover no costs 
unless a disclaimer of the invalid claim has been entered at the Patent 
and Trademark Office before the commencement of the suit.

(July 19, 1952, ch. 950, 66 Stat. 813; Pub. L. 93-596, Sec. 1, Jan. 2, 
1975, 88 Stat. 1949.)


                      Historical and Revision Notes

    Based on Title 35, U.S.C., 1946 ed., Sec. 71 (R.S. 4922).
    The necessity for a disclaimer to recover on valid claims is 
eliminated. See section 253.
    Language is changed.


                               Amendments

    1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for 
``Patent Office''.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of 
Pub. L. 93-596, set out as a note under section 1111 of Title 15, 
Commerce and Trade.

                  Section Referred to in Other Sections

    This section is referred to in section 157 of this title.
