1999 US Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 123 - FEES AND COSTS
Sec. 1928 - Patent infringement action; disclaimer not filed
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 5, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 123 - FEES AND COSTS Sec. 1928 - Patent infringement action; disclaimer not filed |
Contains | section 1928 |
Date | 1999 |
Laws in Effect as of Date | January 23, 2000 |
Positive Law | Yes |
Disposition | standard |
Source Credit | June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4732(b)(17)], Nov. 29, 1999, 113 Stat. 1536, 1501A-585. |
Statutes at Large References | 62 Stat. 957 113 Stat. 1536 |
Public Law References | Public Law 106-113 |
§1928. Patent infringement action; disclaimer not filed
Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the United States Patent and Trademark Office prior to the commencement of the action.
(June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(17)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.)
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §821 (R.S. §973).
Word “action” was substituted for “any suit at law or in equity” to conform with Rule 2 of the Federal Rules of Civil Procedure.
Words “or decree” were omitted after “judgment,” because a judgment under Rule 54(a) of the Federal Rules of Civil Procedure by definition includes a decree.
Changes were made in phraseology.
Amendments1999—Pub. L. 106–113 substituted “United States Patent and Trademark Office” for “Patent Office”.
Effective Date of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.
Federal Rules of Civil ProcedureCosts, see rule 54, Appendix to this title.
Cross ReferencesCosts where disclaimer not filed in patent infringement action, see section 288 of Title 35, Patents.
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