FEDERAL · 35 U.S.C. · Chapter 29
Liability of States, instrumentalities of States, and State officials for infringement of patents
35 U.S.C. § 296
Title35 — Patents
Chapter29 — REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
This text of 35 U.S.C. § 296 (Liability of States, instrumentalities of States, and State officials for infringement of patents) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
35 U.S.C. § 296.
Text
(a)In General.—Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for infringement of a patent under section 271, or for any other violation under this title.
(b)Remedies.—In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any private entity. Such remedies
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Source Credit
History
(Added Pub. L. 102–560, §2(a)(2), Oct. 28, 1992, 106 Stat. 4230.)
Editorial Notes
Editorial Notes
Constitutionality
For information regarding the constitutionality of this section, as added by section 2(a)(2) of Pub. L. 102–560, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective with respect to violations that occur on or after Oct. 28, 1992, see section 4 of Pub. L. 102–560, set out as an Effective Date of 1992 Amendment note under section 2541 of Title 7, Agriculture.
Constitutionality
For information regarding the constitutionality of this section, as added by section 2(a)(2) of Pub. L. 102–560, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective with respect to violations that occur on or after Oct. 28, 1992, see section 4 of Pub. L. 102–560, set out as an Effective Date of 1992 Amendment note under section 2541 of Title 7, Agriculture.
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Bluebook (online)
35 U.S.C. § 296, Counsel Stack Legal Research, https://law.counselstack.com/usc/35/296.