2017 US Code
Title 35 - Patents
Part III - Patents and Protection of Patent Rights
Chapter 29 - Remedies for Infringement of Patent, and Other Actions
Sec. 286 - Time limitation on damages
| 35 U.S.C. § 286 (2017) |
| §286. Time limitation on damages |
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Except as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action. In the case of claims against the United States Government for use of a patented invention, the period before bringing suit, up to six years, between the date of receipt of a written claim for compensation by the department or agency of the Government having authority to settle such claim, and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as part of the period referred to in the preceding paragraph. |
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(July 19, 1952, ch. 950, 66 Stat. 813.) |
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HISTORICAL AND REVISION NOTES
Based on Title 35, U.S.C., 1946 ed., §70, part (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 first paragraph is the same as the provision in R.S. 4921 with minor changes in language, with the added provision relating to the date for counterclaims for infringement. The second paragraph is new and relates to extending the period of limitations with respect to suits in the Court of Claims in certain instances when administrative consideration is pending. |
| United States Code, 2012 Edition, Supplement 5, Title 35 - PATENTS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 29 - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS Sec. 286 - Time limitation on damages |
| section 286 |
| 2017 |
| January 12, 2018 |
| Yes |
| standard |
| 29 Stat. 694 42 Stat. 392 60 Stat. 778 66 Stat. 813 |
