35 U.S.C. § 282
Presumption of validity; defenses
United States · Title 35 — PATENTS · Status: effective
Cite this
- Citation
- 35 U.S.C. § 282, Presumption of validity; defenses, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/470899
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Full text
The following shall be defenses in any action involving the validity or infringement of a patent and shall be pleaded:
Invalidity of the patent or any claim in suit for failure to comply with—
In an action 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 Federal 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. Invalidity of the extension of a patent term or any portion thereof under section 154(b) or 156 because of the material failure—
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 The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- A bill to carry into effect certain provisions of the Patent Cooperation Treaty, and for other purposes.House: no recorded tallySenate: no recorded tally
- Federal Courts Improvement Act of 1981House: no recorded tallySenate: no recorded tally
- An act to amend the Federal Food, Drug, and Cosmetic Act to revise the procedures for new drug applications, to amend title 35, United States Code, to authorize the extension of the patents for certain regulated products, and for other purposes.House: no recorded tallySenate: no recorded tally
- A bill to amend title 35, United States Code, with respect to patents on biotechnological processes.House: no recorded tallySenate: no recorded tally
- Consolidated Appropriations Act, 2000
- 21st Century Department of Justice Appropriations Authorization ActHouse: 400–4Senate: no recorded tally
- Leahy-Smith America Invents Act