Title 35 — PatentsRelease 119-73
§288 Action for infringement of a patent containing an invalid claim
Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 29— - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 288
Summary
One invalid claim won't stop suing over other valid claims, but the patentee gets no costs unless a PTO disclaimer of the invalid claim is filed before the suit.
Full Legal Text
Title 35, §288
Patents — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 71 (R.S. 4922). The necessity for a disclaimer to recover on valid claims is eliminated. See section 253. Language is changed.
Editorial Notes
Amendments
2011—Pub. L. 112–29 struck out “, without deceptive intention,” after “Whenever”. 1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2011 AmendmentAmendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that
Effective Date
, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
Effective Date
of 1975 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
35 U.S.C. § 288
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73