Title 35 — PatentsRelease 119-73not60
§284 Damages
Title 35 › Part III— PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter 29— REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 284
Summary
If the court finds patent infringement, it must award damages to make up for the harm, at least a reasonable royalty, plus interest and costs. If no jury decides damages, the court sets them. The court may increase damages up to three times (not for provisional rights under section 154(d)) and may hear experts to help decide amounts.
Full Legal Text
Title 35, §284
Patents — Source: USLM XML via OLRC
Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court. When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d). The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §§ 67 and 70, part (R.S. 4919; R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, § 6, 29 Stat. 694, (2) Feb. 18, 1922, ch. 58, § 8, 42 Stat. 392, (3) Aug. 1, 1946, ch. 726, § 1, 60 Stat. 778). This section consolidates the provisions relating to damages in R.S. 4919 and 4921, with some changes in language.
Editorial Notes
Amendments
2011—Second par. Pub. L. 112–29 struck out “of this title” after “154(d)”. 1999—Second par. Pub. L. 106–113 inserted at end “Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title.”
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 1999 AmendmentAmendment by Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title.
Reference
Citations & Metadata
Citation
35 U.S.C. § 284
Title 35 — Patents
Last Updated
Apr 5, 2026
Release point: 119-73not60