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35 U.S.C. § 290 — Notice of patent suits
Federal law — U.S. Code and appendices · legal_authorities
The clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Director, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. If any other patent is subsequently included in the action he shall give like notice thereof. Within one month after the decision is rendered or a judgment issued the clerk of the court shall give notice thereof to the Director. The Director shall, on receipt of such notices, enter the same in the file of such patent.
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Source file: Laws/federal/codes/united-states-code/title-35/section-290-notice-of-patent-suits--b8d3e2cf4b.md
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Source location: Title 35, Chapter 29, § 290; chapter-029-remedies-for-infringement-of-patent-and-other-actions.md
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The clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Director, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. If any other patent is subsequently included in the action he shall give like notice thereof. Within one month after the decision is rendered or a judgment issued the clerk of the court shall give notice thereof to the Director. The Director shall, on receipt of such notices, enter the same in the file of such patent.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Within one month after the filing of any action under this title, the clerks of the courts of the United States shall send written notification to the Register of Copyrights setting forth, as far as is shown by the papers filed in the court, the names and addresses of the parties and the title, author, and registration number of each work involved in the action. If any other copyrighted work is later included in the action by amendment, answer, or other pleading, the clerk shall also send a notification concerning it to the Register within one month after the pleading is filed.
**(b)** Within one month after any final order or judgment is issued in the case, the clerk of the court shall notify the Register of it, sending with the notification a copy of the order or judgment together with the written opinion, if any, of the court.
**(c)** Upon receiving the notifications specified in this section, the Register shall make them a part of the public records of the Copyright Office.
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Federal law — U.S. Code and appendices · legal_authorities
Page 116
TITLE 35—PATENTS
§ 288
ning on Sept. 16, 2011, and applicable to certain applica-
tions for patent and any patents issuing thereon, see
section 3(n) of Pub. L. 112–29, set out as an Effective
Date of 2011 Amendment; Savings Provisions note
under section 100 of this title.
Pub. L. 112–29, § 16(a)(2), Sept. 16, 2011, 125 Stat. 328,
provided that: ‘‘The amendment made by this sub-
section [amending this section] shall apply to any case
that is pending on, or commenced on or after, the date
of the enactment of this Act [Sept. 16, 2011].’’
Amendment by section 20(i)(4), (j) of Pub. L. 112–29 ef-
fective upon the expiration of the 1-year period begin-
ning 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 1994 AMENDMENT
Amendment by Pub. L. 103–465 effective on date that
is one year after date on which the WTO Agreement en-
ters into force with respect to the United States [Jan.
1, 1995], with provisions relating to earliest filed patent
application, see section 534(a), (b)(3) of Pub. L. 103–465,
set out as a note under section 154 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–418 effective 6 months
after Aug. 23, 1988, and, subject to enumerated excep-
tions, applicable only with respect to products made or
imported after such effective date, see section 9006 of
Pub. L. 100–418, set out as a note under section 271 of
this title.
§ 288. Action for infringement of a patent con-
taining an invalid claim
Whenever a claim of a patent is invalid, an ac-
tion may be maintained for the infringement of
a claim of the patent which may be valid. The
patentee shall recover no costs
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 290
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