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35 U.S.C. § 296 — Liability of States, instrumentalities of States, and State officials for infringement of patents

Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 296 — Liability of States, instrumentalities of States, and State officials for infringement of patents

**(a) In General.—** Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of a patent under section 271, or for any other violation under this title. **(b) Remedies.—** In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under section 284, attorney fees under section 285, and the additional remedy for infringement of design patents under section 289.

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Source location: Title 35, Chapter 29, § 296; chapter-029-remedies-for-infringement-of-patent-and-other-actions.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2541 — Infringement of plant variety protection

**(a) Acts constituting infringement** Except as otherwise provided in this subchapter, it shall be an infringement of the rights of the owner of a protected variety to perform without authority, any of the following acts in the United States, or in commerce which can be regulated by Congress or affecting such commerce, prior to expiration of the right to plant variety protection but after either the issue of the certificate or the distribution of a protected plant variety with the notice under [section 2567 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2567&num=0&edition=prelim): (1) sell or market the protected variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it; (2) import the variety into, or export it from, the United States; (3) sexually or asexually multiply, or propagate by a tuber or a part of a tuber, the variety as a step in marketing (for growing purposes) the variety; (4) use the variety in producing (as distinguished from developing) a hybrid or different variety therefrom; (5) use seed which had been marked “Unauthorized Propagation Prohibited” or “Unauthorized Seed Multiplication Prohibited” or progeny thereof to propagate the variety; (6) dispense the variety to another, in a form which can be propagated, without notice as to being a protected variety under which it was received; (7) condition the variety for the purpose of propagation, except to the extent that the conditioning is related to the activities permitted under [section 2543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2543&num=0&edition=prelim); (8) stock the variety for any of

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2321 — Establishment

There is hereby established in the Department of Agriculture an office to be known as the Plant Variety Protection Office, which shall have the functions set forth in this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 296 — Liability of States, instrumentalities of

Page 119 TITLE 35—PATENTS § 297 of Pub. L. 106–113, set out as a note under section 1 of this title. EFFECTIVE DATE Pub. L. 97–247, § 17(c), Aug. 27, 1982, 96 Stat. 323, pro- vided that: ‘‘Sections 5, 6, 8 through 12, and 17(b) of this Act [enacting this section and amending sections 21, 111, 116, and 256 of this title and sections 1058, 1063, 1064, 1065, and 1066 of Title 15, Commerce and Trade] shall take effect six months after enactment [Aug. 27, 1982].’’ § 295. Presumption: Product made by patented process In actions alleging infringement of a process patent based on the importation, sale, offer for sale, or use of a product which is made from a process patented in the United States, if the court finds— (1) that a substantial likelihood exists that the product was made by the patented process, and (2) that the plaintiff has made a reasonable effort to determine the process actually used in the production of the product and was un- able to so determine, the product shall be presumed to have been so made, and the burden of establishing that the product was not made by the process shall be on the party asserting that it was not so made. (Added Pub. L. 100–418, title IX, § 9005(a), Aug. 23, 1988, 102 Stat. 1566; amended Pub. L. 103–465, title V, § 533(b)(7), Dec. 8, 1994, 108 Stat. 4990.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–465 substituted ‘‘sale, offer for sale, or use’’ for ‘‘sale, or use’’ in introductory provisions. Statutory Notes and Related Subsidiaries 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 se

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