§ 286. — Time limitation on damages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC286]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 29--REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
Sec. 286. Time limitation on damages
Except as otherwise provided by law, no recovery shall be had for
any infringement committed more than six years prior to the filing of
the complaint or counterclaim for infringement in the action.
In the case of claims against the United States Government for use
of a patented invention, the period before bringing suit, up to six
years, between the date of receipt of a written claim for compensation
by the department or agency of the Government having authority to settle
such claim, and the date of mailing by the Government of a notice to the
claimant that his claim has been denied shall not be counted as part of
the period referred to in the preceding paragraph.
(July 19, 1952, ch. 950, 66 Stat. 813.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 70, part (R.S. 4921,
amended (1) Mar. 3, 1897, ch. 391, Sec. 6, 29 Stat. 694, (2) Feb. 18,
1922, ch. 58, Sec. 8, 42 Stat. 392, (3) Aug. 1, 1946, ch. 726, Sec. 1,
60 Stat. 778).
The first paragraph is the same as the provision in R.S. 4921 with
minor changes in language, with the added provision relating to the date
for counterclaims for infringement.
The second paragraph is new and relates to extending the period of
limitations with respect to suits in the Court of Claims in certain
instances when administrative consideration is pending.
Section Referred to in Other Sections
This section is referred to in section 157 of this title.
