§ 292. False marking
567 words·~3 min read·
/usc/title-35/section-292A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Whoever marks upon, or affixes to, or uses in advertising in connection with any unpatented article, the word “patent” or any word or number importing that the same is patented, for the purpose of deceiving the public; or
Whoever marks upon, or affixes to, or uses in advertising in connection with any article, the words “patent applied for,” “patent pending,” or any word importing that an application for patent has been made, when no application for patent has been made, or if made, is not pending, for the purpose of deceiving the public—
Shall be fined not more than $500 for every such offense. Only the United States may sue for the penalty authorized by this subsection.
(b)A person who has suffered a competitive injury as a result of a violation of this section may file a civil action in a district court of the United States for recovery of damages adequate to compensate for the injury.
(c)The marking of a product, in a manner described in subsection (a), with matter relating to a patent that covered that product but has expired is not a violation of this section.
(July 19, 1952, ch. 950, 66 Stat. 814; Pub. L. 103–465, title V, § 533(b)(6), Dec. 8, 1994, 108 Stat. 4990; Pub. L. 112–29, § 16(b)(1)–(3), Sept. 16, 2011, 125 Stat. 329.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 50 (R.S. 4901).
This is a criminal provision. The first two paragraphs of the corresponding section of existing statute are consolidated, a new paragraph relating to false marking of “patent applied for” is added, and false advertising is included in all the offenses. The minimum fine which has been interpreted by the courts as a maximum, is replaced by a higher maximum. The informer action is included as additional to an ordinary criminal action.
Connections1 cite this · traces to 1
Cited by 1 section
statute-compilations
Traces to 1 document
10 references not yet in our index
- July 19, 1952, ch. 950
- 66 Stat. 814
- Pub. L. 103–465, title V, § 533(b)(6)
- 108 Stat. 4990
- Pub. L. 112–29, § 16(b)(1)
- 125 Stat. 329
- Pub. L. 112–29, § 16(b)(2)
- Pub. L. 112–29, § 16(b)(3)
- Pub. L. 103–465
- Pub. L. 112–29, § 16(b)(4)
Citation graph
cites case law
§ 292
False marking
Stat. Comp.×1
ActJuly 19, 1952, ch. 950
Stat.66 Stat. 814
Pub. L.Pub. L. 103–465, title V, § 533(b)(6)
Stat.108 Stat. 4990
Pub. L.Pub. L. 112–29, § 16(b)(1)
Cites 11 · showing 6Cited by 1 across 1 source