Title 35, PatentsRelease 119-102
§289 Additional Remedy for Infringement of Design Patent
Title 35 › PART III — PATENTS AND PROTECTION OF PATENT RIGHTS › CHAPTER 29 — REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 289
Summary
If someone, while a design patent is active and without the owner's permission, puts the patented design (or a close copy) on a product to sell it, or sells that product, they must pay the patent owner all the profit they made from it, but at least $250. The owner can sue in a U.S. district court that can hear the case. Other legal remedies are allowed, but the owner cannot recover the infringer’s profit more than once.
Full Legal Text
Title 35, §289
Patents, Source: USLM XML via OLRC
Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or (2) sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit, but not less than $250, recoverable in any United States district court having jurisdiction of the parties. Nothing in this section shall prevent, lessen, or impeach any other remedy which an owner of an infringed patent has under the provisions of this title, but he shall not twice recover the profit made from the infringement.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §§ 74, 75 (Feb. 4, 1887, ch. 105, §§ 1, 2, 24 Stat. 387, 388). Language is changed.
Reference
Citations & Metadata
Citation
35 U.S.C. § 289
Title 35, Patents
Last Updated
Aug 21, 2026
Release point: 119-102