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28 U.S.C. § 1928

Patent infringement action; disclaimer not filed

United States · Title 28 — JUDICIARY AND JUDICIAL PROCEDURE · Status: effective

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28 U.S.C. § 1928, Patent infringement action; disclaimer not filed, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/465406
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Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the United States Patent and Trademark Office prior to the commencement of the action.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.