# 35 U.S.C. ch. 28 — Patent Infringement (§§ 271–299)

URL: https://consilena.com/coverage/laws/ksrc_j32tjka07ez70tz3

- Jurisdiction: United States
- Type: Statute
- Identifier: /us/usc/t35/ptIII/ch28
- Current as of: 1 January 1953
- Provisions: 3
- Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title35/part3/chapter28&edition=prelim

> The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law.

## Provisions

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 272. — Temporary presence in the United States"]

- **Temporary presence in the United States"] Temporary presence in the United States**: — 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…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 271. — Infringement of patent"]

- **Infringement of patent"] Infringement of patent**: — Infringement of patent (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 273. — Defense to infringement based on prior commercial use"]

- **Defense to infringement based on prior commercial use"] Defense to infringement based on prior commercial use**: — Defense to infringement based on prior commercial use (a) In General .— A person shall be entitled to a defense under section 282(b) with respect to subject…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 271. — Infringement of patent"]

- **Infringement of patent"] Infringement of patent**: — Infringement of patent (5) conditioned the license of any rights to the patent or the sale of the patented product on the acquisition of a license to rights…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 273. — Defense to infringement based on prior commercial use"]

- **Defense to infringement based on prior commercial use"] Defense to infringement based on prior commercial use**: — Defense to infringement based on prior commercial use (2) Nonprofit laboratory use .— A use of subject matter by a nonprofit research laboratory or other…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 271. — Infringement of patent"]

- **Infringement of patent"] Infringement of patent**: — Infringement of patent (2) of such Act for a drug claimed in a patent or the use of which is claimed in a patent, (B) an application under section 512 of…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 273. — Defense to infringement based on prior commercial use"]

- **Defense to infringement based on prior commercial use"] Defense to infringement based on prior commercial use**: — Defense to infringement based on prior commercial use (1) Personal defense.— (A) In general .— A defense under this section may be asserted only by the…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 271. — Infringement of patent"]

- **Infringement of patent"] Infringement of patent**: — Infringement of patent (3) In any action for patent infringement brought under this section, no injunctive or other relief may be granted which would…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 273. — Defense to infringement based on prior commercial use"]

- **Defense to infringement based on prior commercial use"] Defense to infringement based on prior commercial use**: — Defense to infringement based on prior commercial use (3) Not a general license .— The defense asserted by a person under this section is not a general…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 271. — Infringement of patent"]

- **Infringement of patent"] Infringement of patent**: — Infringement of patent (6) of such Act, and the biological product has not yet been approved because of section 351(k) (7) of such Act. The remedies…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 273. — Defense to infringement based on prior commercial use"]

- **Defense to infringement based on prior commercial use"] Defense to infringement based on prior commercial use**: — Defense to infringement based on prior commercial use (5) University exception.— (A) In general .— A person commercially using subject matter to which…

### ["Title 35 — PATENTS", "PART III — PATENTS AND PROTECTION OF PATENT RIGHTS", "CHAPTER 28 — INFRINGEMENT OF PATENTS", "§ 271. — Infringement of patent"]

- **Infringement of patent"] Infringement of patent**: — Infringement of patent (4) of the Public Health Service Act or the lists of patents described in section 351( l ) (5)(B) of such Act with respect to a…

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