35 U.S.C. § 288 — Action for infringement of a patent containing (MPEP Index) – BlueIron IP
35 U.S.C. § 288 Action for infringement of a patent containing
This page consolidates MPEP guidance interpreting 35 U.S.C. § 288, including 0 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.
Official MPEP § 288 — Action for infringement of a patent containing
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 288 Action for infringement of a patent containing an invalid claim.
[Editor Note: Applicable to all proceedings commenced on or after September 16, 2012. See 35 U.S.C. 288 (pre‑AIA) for the law otherwise applicable.]
Whenever 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.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; amended Sept. 16, 2011, Public Law 112-29, sec. 20(h), 125 Stat. 284, effective Sept. 16, 2012.)