United States Code (Last Updated: May 24, 2014) |
Title 35. PATENTS |
Part III. PATENTS AND PROTECTION OF PATENT RIGHTS |
Chapter 29. REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS |
§ 284. Damages
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Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.
When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d).
The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
Historical And Revision
Based on Title 35, U.S.C., 1946 ed., §§ 67 and 70, part (R.S. 4919; 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).
This section consolidates the provisions relating to damages in R.S. 4919 and 4921, with some changes in language.
Amendments
2011—Second par. Pub. L. 112–29 struck out “of this title” after “154(d)”.
1999—Second par. Pub. L. 106–113 inserted at end “Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title.”
Effective Date Of Amendment
Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on
Amendment by Pub. L. 106–113 effective