35 USC 288 – Action for infringement of a patent containing an invalid claim
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Whenever a claim of a patent is invalid, an action may be maintained for the infringement of a claim of the patent which may be valid. The patentee shall recover no costs unless a disclaimer of the invalid claim has been entered at the Patent and Trademark Office before the commencement of the suit.
Terms Used In 35 USC 288
- patentee: includes not only the patentee to whom the patent was issued but also the successors in title to the patentee. See 35 USC 100