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35 U.S.C. § 288

Title 35 Chapter 29 Current through PL 116-220 ~1 min read Last updated: March 30, 2026 View on OLRC →
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§ 288. Action for infringement of a patent containing an invalid claim

Whenever a claim of a patent is invalid, an action may be maintained for the infringement of a claim of the patent which may be valid. The patentee shall recover no costs unless a disclaimer of the invalid claim has been entered at the Patent and Trademark Office before the commencement of the suit.

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