Liability of States, instrumentalities of States, and State officials for infringement of patents

  1. Law
  2. USC 35
  3. Patents
  4. PATENTS AND PROTECTION OF PATENT RIGHTS
  5. REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
  6. Liability of States, instrumentalities of States, and State officials for infringement of patents

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§296. Liability of States, instrumentalities of States, and State officials for infringement of patents

(a) In General.-Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of a patent under section 271, or for any other violation under this title.

(b) Remedies.-In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies include damages, interest, costs, and treble damages under section 284, attorney fees under section 285, and the additional remedy for infringement of design patents under section 289.

(Added Pub. L. 102–560, §2(a)(2), Oct. 28, 1992, 106 Stat. 4230 .)


Editorial Notes

Constitutionality

For information regarding constitutionality of this section, as added by section 2(a)(2) of Pub. L. 102–560, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.


Statutory Notes and Related Subsidiaries

Effective Date

Section effective with respect to violations that occur on or after Oct. 28, 1992, see section 4 of Pub. L. 102–560, set out as an Effective Date of 1992 Amendment note under section 2541 of Title 7, Agriculture.


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