tion of investments made or business commenced before the grant of the reissue.

"§ 203. Disclaimer

"(a) Whenever, through inadvertence, accident, or mistake, and without any willful default or intent to defraud, mislead, or deceive the public, a claim of a patent is invalid the remaining claims shall not thereby be rendered invalid: Provided, That the patentee timely makes a disclaimer pursuant to this section, upon his learning of the defect in such claim. A patentee, whether of the whole or any interest therein, may, on payment of the fee required by law, make disclaimer of any claim, stating therein the extent of his interst in such patent. Such disclaimer shall be in writing and recorded in the Patent Office; and it shall thereafter be considered as part of the original patent to the extent of the interest possessed by the disclaimant and by those claiming under him.

“(b) In like manner any patentee or applicant may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted or to be granted.

"(c) The fact that two patents which have been or may be issued expire at the same time by means of a terminal disclaimer or dedication under this section or otherwise, shall have no effect in the determination of the patentability or validity of a claim in either.

"§ 204. Certificate of correction of Patent Office mistake

"Whenever a mistake in a patent, incurred through the fault of the Patent Office, is clearly disclosed by the records of the Office, the Commissioner may issue a certificate of correction stating the fact and nature of such mistake, under seal, without charge, to be recorded in the records of patents. A printed copy thereof shall be attached to each printed copy of the patent, and such certificate shall be considered as part of the original patent. Every such patent, together with such certificate, shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form. The Commissioner may issue a corrected patent without charge in lieu of and with like effect as a certificate of correction.

"§ 205. Certificate of correction of applicant's mistake

"Whenever a mistake of a clerical or typographical nature, or of minor character, which was not the fault of the Patent Office, appears in a patent and a showing has been made that such mistake occurred in good faith, the Patent Office may, pursuant to such rules and regulations as the Commissioner shall prescribe and upon payment of the required fee, issue a certificate of correction, if the correction does not involve such changes in the patent as would constitute new matter or would require reexamination. Such certificate shall be considered as part of the original patent, and a copy thereof may be attached to each copy of the patent. Every such patent, together with the certificate, shall have he same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form.

"§ 206. Misjoinder of inventor

"(a) Whenever a patent is issued naming two or more persons as joint inventors and it appears that one of such persons was not in fact a joint inventor, and that he was included as a joint inventor by inadvertence, accident, or mistake, and without any willful default or intent to defraud, mislead, or deceive the public, the Patent Office may, on timely petition by all the applicants and named inventors, and assignees thereof, in such proceedings as the Commissioner shall by regulation prescribe, and with verified proof of the facts and such other requirements as may be imposed, issue a certificate deleting the name of the erroneously joined person from the patent.

"(b) Whenever a patent is issued and it appears that a person was a joint inventor, but was omitted by inadvertence, accident, or mistake, and without any willful default or intent to defraud, mislead, or deceive the public, on his part, the Patent Office may, on timely petition by all the applicants and inventors, and assignees thereof, and in such proceedings as the Commissioner shall by regulation prescribe, and with verified proof of the facts and such

other requirements as may be imposed, issue a certificate adding his name to the patent as a joint inventor.

"(c) The inadvertent, accidental, or mistaken misjoinder or nonjoinder of joint inventors, without any willful default or intent to defraud, mislead, or deceive the public, shall not invalidate a patent, if such error can be corrected as provided in this section. The court before which such matter is called in question may order correction of the patent on notice and hearing of all parties concerned and the Patent Office shall issue a certificate accordingly.

"Chapter

"PART III-PATENTS AND INFRINGEMENT OF PATENTS

26. Ownership and assignment

27. Government interests in patents

**28. Infringement of patents

"29. Remedies for infringement of patent, and othe actions

"Sec.

"CHAPTER 26.-OWNERSHIP AND ASSIGNMENT

"261. Ownership; assignment.

262. Joint owners.

263. Rights of employee-inventors guaranteed.

" 261. Ownership; assignment

Sec.

261

267

271

281

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

"(b) Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing.

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

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

"262. Joint owners

"In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, or sell the patented subject matter without the consent of and without accounting to the other owners.

" 263. Rights of employee-inventors guaranteed

"Subject to other provisions of Federal law, no direct or indirect assignment by an inventor to his employer, or to a person designated thereby, of the subject matter of an application for patent or patent, developed in the course of his employment, shall be valid unless the employer agrees to pay the employee, in addition to his regular salary or compensation for services, a minimum of 2 per centum of the profit or savings to the employer, attributable to such subject matter. The Commissioner shall, by regulation establish procedures and methods, including accounting procedures, for carrying out the provisions of this section. No assignment, or other disposition by the employee of such right to additional payment, shall be valid, unless there is equitable and adequate consideration therfor.

**Sec.

"CHAPTER 27.-GOVERNMENT INTERESTS IN PATENTS

267. Time for taking action in Government applications. "§ 267. Time for taking action in Government applications

"Notwithstanding the provisions of sections 41, 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 subject matter 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.

"273. Unauthorized practice of subject matter prior to issuance of patent. "8 271. Infringement of patent

"(a) Except as otherwise provided in this title, whoever without authority makes, uses, or sells any patented subject matter within the United States after the issuance of the patent therefor and during its term, 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 patented subject matter, 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 relief for infringement 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) drived 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 the patent against infringement.

"§ 272. Temporary presence in the United States

"The use of any patented subject matter 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 such subject matter 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.

"§ 273. Unauthorized practice of subject matter prior to issuance of patent

"(a) After the issuance of a patent, a patentee may obtain damages for the unauthorized making, using, or selling of the subject matter of a claim in the patent during an interim period prior to issuance of such patent, under the provisions of subsections (b) and (c) of this section and chapter 29 of this title. "(b) Such interim period shall begin after the occurrence of all of the following events:

"(1) publication of the application containing such claim,

"(2) such claim is indicated as allowable by the Patent Office, and "(3) actual notice to the alleged unauthorized practitioner that such claim has been indicated as allowable and how his acts are considered to constitute unauthorized practice of the subject matter of such claims, and shall end upon issuance of the patent.

"(c) Damages for unauthorized practice during the interim period shall be limited to royalties reasonable in the circumstances. No injunction or other relief may be had with respect to the subsequent use or sale of machines, manufactures, or compositions of matter made prior to the grant of the patent as to which a notice under this section applies, but reasonable royalties may be obtained. The court before which such matter is in question may provide for the continued manufacture, use, or sale of the thing made, purchased, or used as specified or for the manufacture, use, or sale of which substantial preparation was made before the grant of the patent, and it may also provide for the continued practice of any patented process, practiced or for the practice of which substantial preparation was made, prior to the grant of the patent, to the extent and under such terms as the court deems equiable for the protection of investments made or business commenced before the grant of the patent.

"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. "290. Notice of patent suits.

991. 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,

"(3) invalidity of the patent or any claim in suit for failure to comply with any requirement of sections 112, 115, or 201 of this title,

"(4) any other act or fact made a defense by this title.

"(c) In actions involving the validity or infringement of a patent, the patentee or party asserting infringement shall give notice in the pleadings or otherwise in writing to all parties as soon as practicable and at least ninety days before the trial, of the manner in which each of the claims charged to be infringed, element by element, applies to the allegedly infringing process or product, and the elements of the structure thereof. In like manner, the party asserting invalidity or noninfringement shall at some later time give notice to all parties of the country, number, date, and name of the patentee of any patent, and 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 subject matter of the patent in suit. In addition, he shall at some still later time (at least thirty days before the trial), apply such prior art, element by element, against the claims charged to be infringed, which he alleges to be invalid. In the absence of such notice and other information, as specified in this subsection, proof of such matters may not be made at the trial except on such terms as the court may require.

"(d) In any action or proceeding involving the patentability, validity, enforceability, or infringement of a patent, whether or not arising under this title. in connection with which a court of the United States orders any party of record or any person in privity with such party to furnish discovery, testimony, or evidence, and such party or person refuses, declines, or fails to comply with such order on the ground that a foreign statute or law prohibits compliance with such order, the court shall enter an order against such party dismissing all his claims, striking all his defenses, and otherwise terminating the proceeding adversely as to him; and if an issued patent owned by such party is involved in such action or proceeding, it shall be canceled (and notice of such cancellation shall be endorsed on copies of the specification of the patent thereafter distributed by the Patent Office).

"§ 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 infringement of any claim of a 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 patented subject matter by the infringer, together with interest and cost 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 under the circumstances.

"§ 285. Attorney fees

"The court in exceptional cases may award reasonable attorney fees to the prevailing party.

"S 286. Time limitation on damages

"(a) Except as otherwise provided by law, no recovery shall be had for any infringement committed more than two 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 patented subject matter, the period before bringing suit, up to four 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 demed shall not be counted as part of the period referred to in the preceding paragraph.

"§ 287. Limitation on damages; marking and notice

"Patentees, and persons making or selling any patented article (or using any patented process) for or under them, may give notice to the public that the article or process is patented, either by fixing on the article 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 patents 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, through inadvertence, accident, or mistake, and without any willful default or intent to defraud, mislead, or deceive the public, 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 provided the requirements of section 203 (a) of this title have been met.

"§ 290. Notice of patent suits

"The clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Commissioner, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. If any other patent is subsequently inIcluded in the action he shall give like notice thereof. Within one month after the decision is rendered or a judgment issued the clerk of the court shall give notice thereof to the Commissioner. The Commissioner shall, on receipt of such notices, enter the same in the file of such patent.

"§ 291. Priority of invention between patentees

"(a) Whenever there are two patents naming different inventors and claiming the same or substantially the same subject matter, the owner of either of