35 U.S.C. § 286 — Time limitation on damages (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 286 Time limitation on damages
This page consolidates MPEP guidance interpreting 35 U.S.C. § 286, including 8 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
35 USC 286 defines the time limitations for seeking damages during a patent's period of enforceability, typically extending six years beyond the patent's expiration.
What this section covers
- Explains the scope of time-based restrictions on patent damage claims during the patent's enforceability period.
- Clarifies the legal framework for determining the period during which patent damages can be calculated and claimed.
Key obligations
- Recognize that patent damages are strictly limited to the period of patent enforceability.
- Understand that prior art submissions can be made throughout the entire patent enforceability period.
Practice notes
- Carefully track the precise period of patent enforceability to accurately calculate potential damages.
- Be aware that time limitations can significantly impact potential monetary recovery in patent infringement cases.
Official MPEP § 286 — Time limitation on damages
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 286 Time limitation on damages.
Except as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.
In the case of claims against the United States Government for use of a patented invention, the period before bringing suit, up to six years, between the date of receipt of a written claim for compensation by the department or agency of the Government having authority to settle such claim, and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the period referred to in the preceding paragraph.
- Ex Parte Reexamination
- Reexamination Request
- Examination Procedure
| MPEP Section | Rules |
|---|---|
| MPEP § 2204 | |
| MPEP § 2808 |