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Title 35 — PatentsRelease 119-73

§296 Liability of States, instrumentalities of States, and State officials for infringement of patents

Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 29— - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 296

Last updated Apr 6, 2026|Official source

Summary

States, state agencies, and state officers cannot avoid being sued in federal court for patent infringement or other violations under the patent laws by saying they are immune just because they are a state. If they are sued, the same remedies apply as against a private party. That means money damages, interest, costs, treble damages under section 284, attorney fees under section 285, and the extra remedy for design patents under section 289.

Full Legal Text

Title 35, §296

Patents — Source: USLM XML via OLRC

(a)Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of a patent under section 271, or for any other violation under this title.
(b)In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under section 284, attorney fees under section 285, and the additional remedy for infringement of design patents under section 289.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

ConstitutionalityFor information regarding the constitutionality of this section, as added by section 2(a)(2) of Pub. L. 102–560, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective with respect to violations that occur on or after Oct. 28, 1992, see section 4 of Pub. L. 102–560, set out as an

Effective Date

of 1992 Amendment note under section 2541 of Title 7, Agriculture.

Reference

Citations & Metadata

Citation

35 U.S.C. § 296

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73