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35 U.S.C. · Patents
35 U.S.C. § 296

Liability of States, instrumentalities of States, and State officials for infringement of patents

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. § 296 — Liability of States, instrumentalities of States, and State officials for infringement of patents

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. 296 - Liability of States, instrumentalities of States, and State officials for infringement of patents From the U.S. Government Publishing Office, www.gpo.gov

§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.

(Added Pub. L. 102–560, §2(a)(2), Oct. 28, 1992, 106 Stat. 4230.)

Editorial Notes Constitutionality For information regarding the constitutionality of this section, as added by section 2(a)(2) of Pub. L. 102–560, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Statutory Notes and Related Subsidiaries

Effective Date Section effective with respect to violations that occur on or after Oct. 28, 1992, see section 4 of Pub. L. 102–560, set out as an Effective Date of 1992 Amendment note under section 2541 of Title 7, Agriculture.

Source: uscode.house.gov — public domain Official Source ↗
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35 U.S.C. § 296
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The statutory text of 35 U.S.C. § 296 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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← 35 U.S.C. § 295 35 U.S.C. § 297 →
Ch. 29 — REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
35 U.S.C. § 28135 U.S.C. § 28235 U.S.C. § 28335 U.S.C. § 28435 U.S.C. § 28535 U.S.C. § 28635 U.S.C. § 28735 U.S.C. § 28835 U.S.C. § 28935 U.S.C. § 29035 U.S.C. § 29135 U.S.C. § 29235 U.S.C. § 29335 U.S.C. § 29435 U.S.C. § 29535 U.S.C. § 29635 U.S.C. § 29735 U.S.C. § 29835 U.S.C. § 299
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