§ 286. Time limitation on damages

235 words·~1 min read·/usc/title-35/section-286

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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., § 70, part (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).

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.

Connections3 cite this

Cited by 3 sections · top 2

8 references not yet in our index

July 19, 1952, ch. 950
66 Stat. 813
Mar. 3, 1897, ch. 391, § 6
29 Stat. 694
Feb. 18, 1922, ch. 58, § 8
42 Stat. 392
Aug. 1, 1946, ch. 726, § 1
60 Stat. 778

Citation graph

cites case law

§ 286

Time limitation on damages

Fed. Reg.×3

ActJuly 19, 1952, ch. 950

Stat.66 Stat. 813

ActMar. 3, 1897, ch. 391, § 6

Stat.29 Stat. 694

ActFeb. 18, 1922, ch. 58, § 8

Cites 8 · showing 5Cited by 3 across 1 source