35 U.S.C. · Patents
35 U.S.C. § 289

Additional remedy for infringement of design patent

Ch. 29 — REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
Title 35 U.S.C. ● ACTIVE Primary Source Ch. 29
Statutory Text

35 U.S.C. § 289 — Additional remedy for infringement of design patent

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2023 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 29 - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS Sec. 289 - Additional remedy for infringement of design patent From the U.S. Government Publishing Office, www.gpo.gov

§289. Additional remedy for infringement of design patent

Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or (2) sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit, but not less than $250, recoverable in any United States district court having jurisdiction of the parties. Nothing in this section shall prevent, lessen, or impeach any other remedy which an owner of an infringed patent has under the provisions of this title, but he shall not twice recover the profit made from the infringement.

(July 19, 1952, ch. 950, 66 Stat. 813.)

Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §§74, 75 (Feb. 4, 1887, ch. 105, §§1, 2, 24 Stat. 387, 388). Language is changed.

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 35 U.S.C. § 289 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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