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"§ 257. Certificate for change in status of claims

"(a) When any claim in a patent is allowed subsequent to the issuance of the patent under section 155 of this title, the Commission shall issue a certificate stating the fact, under seal, without charge, to be recorded in the records of patents and shall publish a notice thereof

in the Official Gazette. Such certificate shall be considered as part of the original patent, and a copy of the certificate shall be attached to

each copy of the patent thereafter distributed. Upon the issuance of such certificate, such claim shall constitute a claim of the patent which shall have the force and effect specified in section 154 of this title with respect to actions for causes thereafter arising.

"(b) Upon the termination of proceedings on any patent issued pursuant to section 155 of this title, the Commissioner shall attach a certificate to subsequently distributed copies of the patent and publish in the Official Gazette a notice of the final disposition of all claims in the patent which were not allowed at the time such patent was granted. "Chapter 26.-OWNERSHIP AND ASSIGNMENT

"Sec.

"261. Transferable and licensable nature of patent rights.
"262. Joint owners.

18 "§ 261. Transferable and licensable nature of patent rights

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"(a) Subject to the provisions of this title, patents shall have the 20 attributes of personal property.

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"(b) Applications for patent, patents, or any interest therein, shall 22 be assignable in law by an instrument in writing. The applicant, 23 patentee, or his assigns or legal representatives may in like manner 24 grant and convey an exclusive right under his application for patent, or patents, to the whole or any specified part of the United States.

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26 "(c) A certificate of acknowledgment under the hand and official 27 seal of a person authorized to administer oaths within the United 28 States, or in a foreign country, of a diplomatic or consular officer of 29 the United States or an officer authorized to administer oaths whose 30 authority is proved by a certificate of a diplomatic or consular officer 31 of the United States, shall be prima facie evidence of the execution 32 of an assignment, grant or conveyance of a patent or application for 33 patent.

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"(d) An assignment, grant, or conveyance shall be void as against 35 any subsequent purchaser or mortgagee for a valuable consideration, 36 without notice, unless it is recorded in the Patent Office within three 37 months from its date or prior to the date of such subsequent purchase 38 or mortgage.

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"In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, or sell the patented invention without the consent of and without accounting to the other owners. "Chapter 27.-GOVERNMENT INTERESTS IN PATENTS

"Sec.

"267. Time for taking action in Government applications.

"§ 267. Time for taking action in Government applications

"Notwithstanding the provisions of sections 133 and 151 of this title, the Commissioner may extend the time for taking any action to three years, when an application has become the property of the United States and the head of the appropriate department or agency of the Government has certified to the Commissioner that the invention disclosed therein is important to the armament or defense of the United States.

"Sec.

"Chapter 28.-INFRINGEMENT OF PATENTS

"271. Infringement of patent.

"272. Temporary presence in the United States.

"§ 271. Infringement of patent

"(a) Except as otherwise provided in this title, whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefor, infringes the patent.

"(b) Whoever actively induces infringement of a patent shall be liable as an infringer.

"(c) Whoever sells a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as an infringer.

"(d) No patent owner otherwise entitled to enforce or seek enforcement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done in good faith one or more of the following: (1) derived revenue from acts which if performed by another without his consent would constitute infringement of the patent; (2) licensed or authorized another to perform acts which if performed without his consent would constitute infringement of the patent; (3) sought to enforce his patent rights against infringement.

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"§ 272. Temporary presence in the United States

"The use of any invention in any vessel, aircraft, or vehicle of any country which affords similar privileges to vessels, aircraft, or vehicles of the United States, entering the United States temporarily or accidentally, shall not constitute infringement of any patent, if the invention is used exclusively for the needs of the vessel, aircraft, or vehicle and is not sold in or used for the manufacture of anything to be sold in or exported from the United States.

"Sec.

"Chapter 29.-REMEDIES FOR INFRINGEMENT OF

PATENT, AND OTHER ACTIONS

"281. Remedy for infringement of patent.

"282. Presumption of validity; defenses.

"283. Injunction.

"284. Damages.

"285. Attorney fees.

"286. Time limitation on damages.

"287. Limitation on damages; marking and notice.

"288. Action for infringement of a patent containing an invalid claim.

"289. Additional remedy for infringement of a design patent.

"290. Notice of patent suits.

"291. Priority of invention between patentees.

"292. False marking.

"293. Nonresident patentee; service and notice.

"§ 281. Remedy for infringement of patent

"A patentee shall have remedy by civil action for infringement of his patent.

"§ 282. Presumption of validity; defenses

"(a) A patent shall be presumed valid. Each claim of a patent (whether in independent or dependent form) shall be presumed valid independently of the validity of other claims; dependent claims shall be presumed valid even though dependent upon an invalid claim. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity.

"(b) The following shall be defenses in any action involving the validity or infringement of a patent and shall be pleaded:

"(1) Noninfringement, absence of liability for infringement, or unenforceability,

"(2) Invalidity of the patent or any claim in suit on any ground specified in part II of this title as a condition for patentability: Provided, however, That the validity of a patent may not be questioned solely because of the existence of two or more patents where

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said patents will expire on the same date as a result of filing on the same date or as a result of a terminal disclaimer pursuant to section 253 of this title so long as the right to sue for infringement of said patents is maintained in the same legal entity,

"(3) Invalidity of the patent or any claim in suit for failure to comply with any requirement of sections 112 or 251 of this title, "(4) Any other fact or act made a defense by this title. "(c) In actions involving the validity or infringement of a patent the party asserting invalidity or noninfringement shall give notice in the pleadings or otherwise in writing to the adverse party at least thirty days before the trial, of the country, number, date, and name of the patentee of any patent, the title, date, and page numbers of any publication to be relied upon as anticipation of the patent in suit or, except in actions in the United States Court of Claims, as showing the state of the art, and the name and address of any person who may be relied upon as the prior inventor or as having prior knowledge of or as having previously used or offered for sale the invention of the patent in suit. In the absence of such notice proof of the said matters may not be made at the trial except on such terms as the court requires. "§ 283. Injunction

"The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court

deems reasonable.

"§ 284. Damages

"(a) Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.

"(b) When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed.

"(c) The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable

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"The court in exceptional cases may award reasonable attorney fees to the prevailing party. Reasonable expenses including attorney fees shall be awarded to the prevailing party where a claim of a patent is held invalid in an action filed after such claim has previously been

under the circumstances.

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held invalid on the same ground by a court of competent jurisdiction from which no appeal has been or can be taken, if the court finds

there was no reasonable grounds for bringing such action.

"§ 286. Time limitation on damages

"(a) 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. "(b) 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 subsection (a) of this section.

❝8 287. Limitation on damages; marking and notice

"Patentees, and persons making or selling any patented article for or under them, may give notice to the public that the same is patented, either by fixing thereon the word 'patent' or the abbreviation 'pat.', together with the number of the patent, or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice. Filing of an action for infringement shall constitute such notice.

"§ 288. Action for infringement of a patent containing an invalid

claim

"Whenever, without deceptive intention, 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 cost unless a disclaimer of the invalid claim has been entered at the Patent 35 Office before the commencement of the suit.

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"§ 289. Additional remedy for infringement of a design patent

"(a) Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or (2) sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the

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