35 U.S.C. § 298
Advice of counsel
United States · Title 35 — PATENTS · Status: effective
Cite this
- Citation
- 35 U.S.C. § 298, Advice of counsel, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/470915
- Permanent ID
ys:prov:470915@1- SHA-256
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Full text
The failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent.
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.
- Leahy-Smith America Invents Act