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A patentee shall have remedy by civil action for infringement of his patent.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 281
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Source file: Laws/federal/codes/united-states-code/title-35/section-281-remedy-for-infringement-of-patent--a085633f36.md
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Source location: Title 35, Chapter 29, § 281; chapter-029-remedies-for-infringement-of-patent-and-other-actions.md
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the provisions of this chapter, a person who is not the owner of a patent may file with the Office a petition to institute a post-grant review of the patent. The Director shall establish, by regulation, fees to be paid by the person requesting the review, in such amounts as the Director determines to be reasonable, considering the aggregate costs of the post-grant review. **(b) Scope.—** A petitioner in a post-grant review may request to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph (2) or (3) of section 282(b) (relating to invalidity of the patent or any claim). **(c) Filing Deadline.—** A petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
Page 111 TITLE 35—PATENTS § 282 1988—Pub. L. 100–418, title IX, §§ 9004(b), 9005(b), Aug. 23, 1988, 102 Stat. 1566, inserted ‘‘and other remedies’’ in item 287 and added item 295. 1982—Pub. L. 97–247, § 17(b)(2), Aug. 27, 1982, 96 Stat. 323, added item 294. § 281. Remedy for infringement of patent A patentee shall have remedy by civil action for infringement of his patent. (July 19, 1952, ch. 950, 66 Stat. 812.) 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). The corresponding two sections of existing law are di- vided among sections 281, 283, 284, 285, 286 and 289 with some changes in language. Section 281 serves as an in- troduction or preamble to the following sections, the modern term civil action is used, there would be, of course, a right to a jury trial when no injunction is sought. § 282. Presumption of validity; defenses (a) IN GENERAL.—A patent shall be presumed valid. Each claim of a patent (whether in inde- pendent, dependent, or multiple dependent form) shall be presumed valid independently of the va- lidity of other claims; dependent or multiple de- pendent claims shall be presumed valid even though dependent upon an invalid claim. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party assert- ing such invalidity. (b) DEFENSES.—The following shall be defenses in any action involving the validity or infringe- ment of a patent and shall be pleaded: (1) Noninfringement, absence of liability for infringement or unenforceability. (2) Invalidity of the patent or any claim in suit on any g
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 281
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