§286 — Title 35 Patents | U.S. Code

Summary

You cannot get money for patent infringement that happened more than six years before you filed your complaint or counterclaim in court. If you claim the United States used your patented invention, the time between when the federal department or agency that can settle your written claim gets it and when the Government mails you a denial does not count toward that six-year limit. That exclusion can run for up to six years.

Title 35, §286

Patents — Source: USLM XML via OLRC

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 part of the period referred to in the preceding paragraph.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 70, part (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). The first paragraph is the same as the provision in R.S. 4921 with minor changes in language, with the added provision relating to the date for counterclaims for infringement. The second paragraph is new and relates to extending the period of limitations with respect to suits in the Court of Claims in certain instances when administrative consideration is pending.

§286 Time Limitation on Damages

Summary

Title 35, §286

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata