Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the United States Patent and Trademark Office prior to the commencement of the action.
June 25, 1948, ch. 64662 Stat. 957Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(17)]113 Stat. 1536(, ; , , , 1501A–585.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 821 (R.S. § 973).
Word “action” was substituted for “any suit at law or in equity” to conform with Rule 2 of the Federal Rules of Civil Procedure.
Words “or decree” were omitted after “judgment,” because a judgment under Rule 54(a) of the Federal Rules of Civil Procedure by definition includes a decree.
Changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 106–1131999— substituted “United States Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–113Pub. L. 106–113section 1 of Title 35Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.