§ 1928. Patent infringement action; disclaimer not filed

238 words·~1 min read·/usc/title-28/section-1928

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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. 646, 62 Stat. 957; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(17)], Nov. 29, 1999, 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.

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U.S. Code

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June 25, 1948, ch. 646
62 Stat. 957
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(17)]
113 Stat. 1536
Pub. L. 106–113

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cites case law

§ 1928

Patent infringement action; disclaimer not filed

U.S.C.§ 1

ActJune 25, 1948, ch. 646

Stat.62 Stat. 957

Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(17)]

Stat.113 Stat. 1536

Pub. L.Pub. L. 106–113

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